By Karl Hoerr -
Independent MP Gareth Ward has resigned from Parliament, after a legal attempt to block his planned expulsion failed.
In July, the member for Kiama was found guilty of three counts of indecent assault and one count of sexual intercourse without consent. The offences involved two young men and occurred around a decade ago. Ward, who has been in custody since his bail was revoked, had sought the intervention of the Court of Appeal, to stop him being removed from the NSW Legislative Assembly.
On Thursday, the Court of Appeal, comprised of Chief Justice Andrew Bell, Justice Anna Mitchelmore and Justice Jeremy Kirk, ordered the summons filed by Ward be dismissed. A costs order was also made against him.
In a summary of the decision read in court, Bell outlined Ward’s case, before revealing the court’s determination. “Each of these arguments is rejected,” he said.
Ward’s decision was announced in Parliament by Speaker of the Legislative Assembly, Greg Piper this morning. “I wish to advise the house that this day, Friday, the 8th of August 2025, I received a letter from Gareth James Ward resigning his seat as a member for the electoral district of Kiama. I advise the house that in accordance with section 33 of the Constitution Act 1902 resignation of the member for Kiama took effect immediately upon my receipt of his letter of resignation at 9.08am,” he said.
Piper said a writ would be issued for a byelection to be held on a yet to be determined date.
Leader of the Legislative Assembly Ron Hoenig then rose to condemn Ward’s actions, prior to his resignation. “Not in 107 years has this house been required to expel a member. And the fact that we were about to make such a determination is a pretty shameful exercise …” Hoenig described Ward’s legal action as vexatious and said he had demonstrated a lack of respect to the jury, the house and the people of Kiama. “It is regretful that this house has been put through this difficultly. However, it is better late than never.”
Leader of the Opposition Mark Speakman also responded to Ward’s resignation in Parliament. “The member for Kiama at five minutes to midnight has done what he should have done at the outset and that is resign. It should never have come to this,” he said. Speakman said given the verdict, the honourable thing would have been to resign. “He can exercise his appeal rights. He can protest his innocence, if that’s what he wants to do. But his constituents come first. And what the member for Kiama has done in the last couple of weeks, playing games with his constituents, playing games with you, Mr Speaker, playing games with the Government and Opposition and the general public is disgraceful,” said Speakman.
The Opposition Leader also acknowledged the victim-survivors, who he said would have been “retraumatised” by a “cat-and-mouse game”.
Gareth Ward’s legal action
On Monday, Justice Deborah Sweeney granted an urgent injunction, preventing any further steps towards Ward’s expulsion.
Earlier on Thursday, Ward’s barrister Peter King told the hearing that a letter to his client from Hoenig, fails to establish “conduct unworthy”, which is the test. King submitted that the letter merely refers to the four convictions. “We say that is not a sufficient basis for his expulsion,” he said. “[A] conviction is not evidence of the facts upon which it is based.”
King said the proposed resolution was being brought on “hurriedly” and is “punitive”, adding that Ward was to be “expelled by a kangaroo court”.
“It doesn’t allow Mr Ward to stand up and say, ‘This is the explanation’.”
“If he’s acquitted (on appeal), he’s lost the rights that an innocent man would otherwise have,” said King.
Ward’s counsel also submitted that the expulsion move was politically motivated, because it would trigger a byelection, altering the numbers on the floor of the house. Given that Ward was first charged in 2022, King said the timing “suggests a certain level of opportunism.”
Appearing for Hoenig, Craig Lenehan SC said Parliament could “readily take the view” that conviction for serious offences, following a public trial, amounts to unworthy conduct. He also dismissed suggestions that Ward had been denied procedural fairness and rejected arguments about the nature of Hoenig’s letter to Ward. “[T]he letter displays no punitive purpose whatsoever.”
Lenehan also pointed to the strength of parliament’s “self-protective purpose”.
The Chief Justice said the right of the Legislative Assembly to expel members is reserved and there was no evidence the move would be “punitive in effect”.
“The electorate of Kiama would be re-enfranchised by the holding of a byelection,” said Bell.
Gareth Ward’s sentencing hearing is scheduled to take place in September.
