Paul Suttor
05 August 2025, 3:05 AM
Disgraced Kiama MP Gareth Ward's lawyers have sought an injunction to prevent NSW Parliament from expelling him in the wake of his guilty verdict on sexual assault offences.
NSW Premier Chris Minns confirmed on Tuesday morning that Ward's lawyers had on Monday been granted an injunction by the NSW Supreme Court to stop moves to expel him from the Lower House.
Ward was found guilty on 25 July of sexual intercourse without consent and three counts of indecent assault at the conclusion of his nine-week trial in the NSW District Court.
After his bail was revoked last Wednesday, he was handcuffed and taken away from the NSW District Court in the Downing Centre in the Sydney CBD on Wednesday and transported to a jail cell at Silverwater Correctional Centre in the city's west.
The Minns Government was set to move a motion in NSW Parliament on Tuesday to expel Ward and they had "in principle support" from Opposition Leader Mark Speakman.
Minns told 2GB Radio that the Government had sought an urgent Supreme Court hearing to address the "unprecedented situation" of Ward's injunction which had raised concerns about procedural fairness.
“We’ve got a week of parliament to sit, and I think that most people would appreciate it’s an unconscionable situation to have someone who’s currently sitting in jail in Silverwater, convicted of serious sexual offences, who is demanding to remain a member of parliament and continue to be paid,” Minns told 2GB radio.
"Clearly, he's got no shame."
Ward is continuing to pocket his $3350 a week salary even after being found guilty of criminal offences and will keep being paid, even in jail, unless he is removed from Parliament.
The NSW Lower House will now look to expel Ward later in the week but they will be unable to do so until the Supreme Court hears arguments from Ward's legal representative and the Government on Friday morning.
Parliament is due to break on Friday evening with the Lower House not resuming for four weeks.
Ron Hoenig, the Leader of the Lower House, and the Speaker, Greg Piper, were ordered to halt the process of expelling Ward by the injunction lodged with the Supreme Court on Monday.
"The court has no jurisdiction to prevent any member of parliament from moving a motion, or any power to have the house conduct its affairs as it is entitled to under the constitution," Hoenig told reporters on Tuesday.
"However, we are talking about a separation of powers."
He said the Government would argue that the Court granting the injunction is "a significant constitutional error".
"The orders made by the court yesterday afternoon, we say, have no effect and are not binding on the House. The House has an inherent power to conduct its own business, in accordance with the Constitution, unconstrained by any interference
"The issue is of considerable significance. The House needs to be able to make its judgement (about Ward's fate as a parliamentarian) to protect itself."
With further legal action now underway and the possibility of Parliament being recalled next week to vote on the Ward issue, Hoenig said it was "a further expense the people of NSW should not have to bear".
Speakman issued a media statement on Tuesday morning, labelling Ward's refusal to resign as "offensive".
“The Opposition will support Gareth Ward’s expulsion and work with the Government to get this done as quickly as possible," he said.
"However, Mr Ward’s legal team should do whatever it takes to get a clear message to him - immediately resign.
"Every day he clings to his seat from a jail cell, taxpayers are footing the bill and the people of Kiama are left voiceless. It’s not just wrong, it’s offensive.
"This is about decency, accountability, and basic respect for the community. Mr Ward should spare the Parliament, spare the courts, and above all, spare the people of NSW any further disgrace. Step aside.”
Hoenig wrote to Ward last week after his bail was revoked to ask him to put forward any information he wanted the Parliament to consider before voting on whether to expel the 44-year-old.
"Should the House decide to consider such a motion it would do so for its own self-preservation and the orderly exercise of its functions," the Minister wrote in his letter to Ward.
"I am sure you would appreciate that in view of the verdict of the jury convicting you of serious criminal offences that the House needs to consider whether your continued membership of the House requires it to act to protect the high standing of the Parliament so it may discharge with the confidence of the community the great responsibility that it bears."
If Ward is expelled, a by-election for the Kiama state electorate would be held in the coming months and almost certainly bring an end to Ward’s political career after more than 20 years in public office as a Shoalhaven councillor and then NSW Member of Parliament.
Ward's office issued a media release late on Friday afternoon to say the 44-year-old was "absolutely shattered" about now being known as a convicted rapist and intends to launch a legal challenge to clear his name.
He will return to Court on 19 September for sentencing.
"I am absolutely shattered with the result of the trial and have taken the opportunity over the last few days to spend time with those I love following the verdict," he wrote in his public statement that was issued on Friday afternoon.
"I am taking advice about next steps, but I can confirm that I have provided instructions to my legal team to prepare an appeal at the earliest opportunity.
"I take this opportunity to thank so many from across our community that have sent warm and caring messages of support to me and my family."
Minns and Speakman have repeatedly called on Ward to resign from Parliament with Minister for the Illawarra and South Coast Ryan Park on Friday also calling for him to stand down.
He was charged by police three years ago after complaints against Ward from a man, aged 24 at the time, over an incident at Potts Point in Sydney’s east a decade ago.
Ward was also found guilty of indecently assaulting a recently turned 18-year-old at the politician’s Meroo Meadow home in 2013.
1800 RESPECT (1800 737 732)
National Sexual Abuse and Redress Support Service 1800 211 028
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