Petition Launched To Close Constitutional Loophole

A Kiama resident has launched a petition to close the loophole that saw her former representative Gareth Ward permitted to keep his parliamentary position even after being found guilty of a serious crime.

Lynne Strong is petitioning the government to amend the constitution, telling the ABC that Ward’s conviction “exposed a loophole that most of us in the community did not even know existed.”

“We learnt that the current system is reactive, not proactive.”

Ward was found guilty in July of three counts of indecent assault and one count of sexual intercourse without consent, the charges stemming from separate incidents involving an 18 year old in 2013 and a 24 year old in 2015.

Despite his calls for his resignation garnering bipartisan support, Ward refused to leave his taxpayer-funded position. With parliamentary documents listing his annual salary as a sitting MP at $178,000, the ABC estimates that Ward earned $3,435 while detained at Silverwater Correctional Centre.

His lawyers sought an injunction to halt his expulsion from parliament, forcing the government to seek Supreme Court intervention, with Ward finally resigning only minutes before his former colleagues voted to expel him.

“A lot of time, effort and energy was spent in the NSW Supreme Court proving what most people who live in this state would have known instinctively. And that is, if you are convicted of some of the most serious charges – sexual assault in NSW – you can’t sit as a serving member of parliament drawing a parliamentary salary,” said Premier Chris Minns at the time.

Act “out of step” with public expectation, 

Section 13A of the NSW constitution states that member’s seat is declared vacant if they are convicted of a crime punishable by five or more years in prison, with changes made to the law in 2000 now resulting in disqualification after the appeals process has been exhausted and the conviction not overturned.

Strong argues that the loophole undermines public confidence in Parliament, erodes its integrity, and fails to reflect community expectations.

“If an appeal succeeds, the person can recontest the seat and return to parliament with the backing of their community — that is democracy,” she said.

“But while they are remanded in custody after conviction, they should not be able to represent the public or draw a salary.”

A NSW government spokesperson has said they are monitoring the progress of the petition. As with all Legislative Assembly ePetitions, the number of signatories is not available to the public.

Ward’s expulsion saw bi-election in Kiama last month, with its new member, Labor’s Katelin McInenery, due to be sworn in next week.

Ward’s defence barrister has filed a notice of intention to dispute his conviction, with Justice Kara Shead is expected to deliver her sentencing at the end of this month.