
The last time an MP was expelled from NSW's lower house was in 1917—until former families minister Gareth Ward forced the state into uncharted constitutional territory with his refusal to resign after being convicted of serious sexual offences.
Ward was found guilty on 25 July 2025 of sexually abusing two men after a nine-week trial, but what followed was a legal and political drama that captivated NSW for weeks.
Instead of quietly resigning as convention dictates, Ward mounted a legal challenge to prevent his expulsion—ultimately failing and resigning at 9:08 AM on 8 August 2025, just hours before an expulsion vote.
For many Australians over 60 who have witnessed decades of political scandals, this case stands out for its constitutional complexity and the precedent it sets for political accountability.
From minister to convicted criminal
Ward served as NSW Minister for Families, Communities and Disability Services from 2019 to 2021, representing the South Coast seat of Kiama.
His fall began when he resigned from his portfolio in May 2021 after identifying himself as the subject of a police investigation.
The charges stemmed from separate incidents: Ward met a 17-year-old at a business event in 2013, then invited him to his home when he turned 18 after a night of drinking.
He was also convicted of assaulting a 24-year-old political staffer in 2015 after a parliamentary event.
'Not in 107 years has this house been required to expel a member'
Despite the serious charges, Ward was re-elected as an independent in 2023, retaining his seat despite an 11.2 per cent swing against him. This demonstrated the strong personal support he maintained among Kiama voters, making his eventual downfall all the more dramatic.
Constitutional crisis and legal battles
Under NSW law, politicians are disqualified from Parliament if convicted of offences carrying more than five years imprisonment—which applied to all of Ward's convictions. However, constitutional changes 25 years ago mean disqualification only takes effect if no appeal is lodged within prescribed timeframes.
This created an extraordinary situation where Ward could theoretically remain an MP while serving a prison sentence. Premier Chris Minns called it 'unconscionable' to have someone 'sitting in jail, convicted of serious sexual offences, demanding to remain a member of parliament'.
The prison experience
Ward was held at Cessnock Correctional Centre from 30 July until his resignation. His lawyers argued he would be vulnerable due to his legal blindness from oculocutaneous albinism and his high public profile, but Judge Kara Shead was 'unpersuaded' these factors meant he couldn't be safely managed in custody.
His comfortable ministerial salary of over $170,000 was replaced by the maximum $800 per month that friends and family could deposit into his prison account. For someone accustomed to the privileges of political office, the contrast would have been stark.
Support for sexual assault survivors
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• 1800RESPECT: 1800 737 732 (24/7 counselling)
• NSW Rape Crisis Centre: 1800 424 017
• Lifeline: 13 11 14
From defiance to capitulation
Ward initially stated he was 'absolutely shattered' and intended to appeal his convictions. However, his legal team's last-minute injunction to prevent expulsion failed when the NSW Court of Appeal unanimously rejected his arguments.
The court found parliament's expulsion power exists not to punish members, but 'to protect the House and its capacity to discharge its great responsibilities with public confidence'.
Faced with certain expulsion, Ward finally bowed to the inevitable. Opposition Leader Mark Speakman said Ward had done 'at five minutes to midnight what he should have done at the outset'.
Impact on Kiama and the broader community
The case triggered a by-election in the traditionally safe Liberal seat. The people of Kiama can now choose a representative 'who can serve them in the NSW parliament, rather than a prison cell'.
Local advocate Samir Costas described the verdict as 'a wake-up call for political institutions to create safer, more transparent environments', noting it wasn't just about 'one man's actions' but 'a system that allowed this to happen'.
What this case means for political accountability
- First expulsion attempt in NSW in over 100 years
- Constitutional law clarified around convicted MPs
- Sets precedent for future cases involving serious crimes
- Demonstrates limits of political privilege when facing justice
Historical significance
The last NSW MP expelled was W.P. Crick in 1890 for drunkenness and starting fistfights in Parliament—he had to be physically carried out. Ward's offences were 'objectively more serious' than previous cases, but unusually, he initially refused to 'fall on his sword'.
This case will likely influence how similar situations are handled in future, particularly the balance between democratic representation and maintaining parliamentary standards.
Lessons for our democracy
For those who have watched Australian politics evolve over decades, this case highlights both the strengths and limitations of our democratic institutions. While the system ultimately worked—justice was served and accountability enforced—the protracted legal battle raised important questions about parliamentary privilege and voter representation.
The case also demonstrates how our legal system handles those in positions of power—Ward received no special treatment in court or custody, reinforcing that justice applies equally regardless of status.
What aspects of this unprecedented political drama do you find most concerning or reassuring about our democratic institutions? Have you seen similar accountability measures work effectively in your lifetime? Share your thoughts below about how we can better protect both democratic representation and community safety.
Original Article
https://www.9news.com.au/national/g...ver-rape/7d5933e1-c9d3-4cad-bc22-ff12c85519d5
NSW MP Gareth Ward attempts to block expulsion—Law Society Journal
Cited text: His case marks a rare instance in NSW politics, as the last time an MP was expelled from the lower house was in 1917.
Excerpt: The last time an MP was expelled from NSW's lower house was in 1917
https://lsj.com.au/articles/nsw-mp-gareth-ward-attempts-to-block-expulsion/
Gareth Ward—Wikipedia
Cited text: On 25 July, Ward was found guilty of sexually abusing two men after a nine-week trial.
Excerpt: Ward was found guilty on 25 July 2025 of sexually abusing two men after a nine-week trial
https://en.wikipedia.org/wiki/Gareth_Ward
Kiama MP Gareth Ward escorted into custody after sexual ...
Cited text: On July 25, jurors handed down their unanimous verdict of guilty on all counts after deliberating for three days.
Excerpt: Ward was found guilty on 25 July 2025 of sexually abusing two men after a nine-week trial
https://www.illawarramercury.com.au...-into-custody-after-sexual-abuse-convictions/
Kiama MP Gareth Ward resigns ahead of expulsion—Law Society Journal
Cited text: Independent MP Gareth Ward has resigned from Parliament, after a legal attempt to block his planned expulsion failed.
Excerpt: Ward mounted a legal challenge to prevent his expulsion
https://lsj.com.au/articles/court-clears-path-to-expulsion-of-mp-gareth-ward/
Kiama MP Gareth Ward resigns ahead of expulsion—Law Society Journal
Cited text: “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 f...
Excerpt: resigning at 9:08 AM on 8 August 2025, just hours before an expulsion vote
https://lsj.com.au/articles/court-clears-path-to-expulsion-of-mp-gareth-ward/
Gareth Ward—Wikipedia
Cited text: He was a member of the New South Wales Legislative Assembly and represented the seat of Kiama on the South Coast from 2011 to 2025, serving as New Sou...
Excerpt: Ward served as NSW Minister for Families, Communities and Disability Services from 2019 to 2021
https://en.wikipedia.org/wiki/Gareth_Ward
Gareth Ward—Wikipedia
Cited text: On 14 May 2021 Ward resigned from his portfolio and moved to the crossbench after identifying himself as the state MP subject to an inquiry by the chi...
Excerpt: he resigned from his portfolio in May 2021 after identifying himself as the subject of a police investigation
https://en.wikipedia.org/wiki/Gareth_Ward
Kiama MP Gareth Ward escorted into custody after sexual ...
Cited text: The trial heard Ward met a 17-year-old boy at a business event in the Shoalhaven in 2013. Three months later, when the man was 18, the court heard War...
Excerpt: Ward met a 17-year-old at a business event in 2013, then invited him to his home when he turned 18 after a night of drinking
https://www.illawarramercury.com.au...-into-custody-after-sexual-abuse-convictions/
Kiama MP Gareth Ward escorted into custody after sexual ...
Cited text: The application to detain Ward on Wednesday came after he was found guilty last Friday of sexually abusing two young men he invited to his home after ...
Excerpt: He was also convicted of assaulting a 24-year-old political staffer in 2015 after a parliamentary event
https://www.illawarramercury.com.au...-into-custody-after-sexual-abuse-convictions/
Kiama MP Gareth Ward escorted into custody after sexual ...
Cited text: Despite being charged with the offences in 2022, Ward was re-elected into the seat of Kiama in 2023, holding onto his margin with an 11.2 per cent swi...
Excerpt: Ward was re-elected as an independent in 2023, retaining his seat despite an 11.2 per cent swing against him
https://www.illawarramercury.com.au...-into-custody-after-sexual-abuse-convictions/
'Ridiculous': Premier Chris Minns unhappy Gareth Ward may remain Kiama MP from jail
Cited text: The NSW Constitution provides for politicians to be disqualified from Parliament if they are convicted of a charge that is punishable by a sentence of...
Excerpt: Under NSW law, politicians are disqualified from Parliament if convicted of offences carrying more than five years imprisonment
https://thebuglenews.com.au/NewsSto...n-kiama-mp-from-jail/6886fdf4eea5c100333f6413
'Ridiculous': Premier Chris Minns unhappy Gareth Ward may remain Kiama MP from jail
Cited text: Sydney University Professor Anne Twomey, a constitutional law expert, told ABC Radio on Monday morning that there is the distinct possibility that War...
Excerpt: constitutional changes 25 years ago mean disqualification only takes effect if no appeal is lodged within prescribed timeframes
https://thebuglenews.com.au/NewsSto...n-kiama-mp-from-jail/6886fdf4eea5c100333f6413
'Ridiculous': Premier Chris Minns unhappy Gareth Ward may remain Kiama MP from jail
Cited text: “So the Constitution now says your disqualification only kicks in if, at the point where you’ve not appealed within the prescribed time, your disquali...
Excerpt: constitutional changes 25 years ago mean disqualification only takes effect if no appeal is lodged within prescribed timeframes
https://thebuglenews.com.au/NewsSto...n-kiama-mp-from-jail/6886fdf4eea5c100333f6413
'Ridiculous': Premier Chris Minns unhappy Gareth Ward may remain Kiama MP from jail
Cited text: Independent MP Gareth Ward could remain the state member for the Kiama electorate even if he is sent to jail.
Excerpt: Ward could theoretically remain an MP while serving a prison sentence
https://thebuglenews.com.au/NewsSto...n-kiama-mp-from-jail/6886fdf4eea5c100333f6413
'Ridiculous': Premier Chris Minns unhappy Gareth Ward may remain Kiama MP from jail
Cited text: Independent MP Gareth Ward could remain the state member for the Kiama electorate even if he is sent to jail.
Excerpt: Ward could theoretically remain an MP while serving a prison sentence
https://thebuglenews.com.au/NewsSto...n-kiama-mp-from-jail/6886fdf4eea5c100333f6413
NSW MP Gareth Ward attempts to block expulsion—Law Society Journal
Cited text: NSW Premier Chris Minns stated on 2GB radio this morning that it is an “unconscionable situation to have someone who’s currently sitting in jail … con...
Excerpt: Premier Chris Minns called it 'unconscionable' to have someone 'sitting in jail, convicted of serious sexual offences, demanding to remain a member of parliament'
https://lsj.com.au/articles/nsw-mp-gareth-ward-attempts-to-block-expulsion/
Gareth Ward—Wikipedia
Cited text: On 30 July, Ward was remanded to custody and is currently being held in the Cessnock Correctional Centre and is awaiting sentencing on 19 September.
Excerpt: Ward was held at Cessnock Correctional Centre from 30 July until his resignation
https://en.wikipedia.org/wiki/Gareth_Ward
NSW MP Gareth Ward to stay in custody before his sentencing | The Courier | Ballarat, VIC
Cited text: He will be sentenced on September 19.
Excerpt: Ward was held at Cessnock Correctional Centre from 30 July until his resignation
https://www.thecourier.com.au/story...ard-to-stay-in-custody-before-his-sentencing/
Kiama MP Gareth Ward escorted into custody after sexual ...
Cited text: Mr Anderson argued there were special and exceptional circumstances Ward should be allowed to remain on bail, with his disability of oculocutaneous al...
Excerpt: His lawyers argued he would be vulnerable due to his legal blindness from oculocutaneous albinism and his high public profile
https://www.illawarramercury.com.au...-into-custody-after-sexual-abuse-convictions/
Kiama MP Gareth Ward escorted into custody after sexual ...
Cited text: Judge Kara Shead SC said she was 'unpersuaded that because of his (Ward's) public profile and his disability that he cannot be adequately managed in c...
Excerpt: Judge Kara Shead was 'unpersuaded' these factors meant he couldn't be safely managed in custody
https://www.illawarramercury.com.au...-into-custody-after-sexual-abuse-convictions/
Southcoastregister
Cited text: Picture AAP · The comfortable annual base salary of over $170,000 Ward enjoyed will end when, as expected, he's expelled from the NSW Parliament ...
Excerpt: His comfortable ministerial salary of over $170,000 was replaced by the maximum $800 per month that friends and family could deposit into his prison account
https://www.southcoastregister.com.au/story/9032810/gareth-wards-fall-from-mp-to-inmate/
Kiama MP Gareth Ward to appeal conviction: 'Shattered' | Illawarra Mercury | Wollongong, NSW
Cited text: A press release was issued from Ward's Electorate Office about 4pm on Friday, revealing his intention to launch an appeal against his convictions. 'I ...
Excerpt: Ward initially stated he was 'absolutely shattered' and intended to appeal his convictions
https://www.illawarramercury.com.au...p-gareth-ward-to-appeal-conviction-shattered/
Why Gareth Ward’s challenge to the power to expel him from the NSW parliament failed
Cited text: Late on August 4, Ward’s legal team rushed to court to get an injunction to stop the expulsion motion, pending the resolution of his legal challenge t...
Excerpt: his legal team's last-minute injunction to prevent expulsion failed when the NSW Court of Appeal unanimously rejected his arguments
https://theconversation.com/why-gar...pel-him-from-the-nsw-parliament-failed-262610
Why Gareth Ward’s challenge to the power to expel him from the NSW parliament failed
Cited text: Next, Ward argued the expulsion was beyond the power of the House, because it was being done to punish him. The Houses of the NSW parliament do not ha...
Excerpt: The court found parliament's expulsion power exists not to punish members, but 'to protect the House and its capacity to discharge its great responsibilities with public confidence'
https://theconversation.com/why-gar...pel-him-from-the-nsw-parliament-failed-262610
Kiama MP Gareth Ward resigns ahead of expulsion—Law Society Journal
Cited text: 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 ...
Excerpt: Opposition Leader Mark Speakman said Ward had done 'at five minutes to midnight what he should have done at the outset'
https://lsj.com.au/articles/court-clears-path-to-expulsion-of-mp-gareth-ward/
Why Gareth Ward’s challenge to the power to expel him from the NSW parliament failed
Cited text: The people of the electorate of Kiama will now be able to exercise their democratic mandate in a by-election, to choose a representative who can serve...
Excerpt: The people of Kiama can now choose a representative 'who can serve them in the NSW parliament, rather than a prison cell'
https://theconversation.com/why-gar...pel-him-from-the-nsw-parliament-failed-262610
NSW MP Gareth Ward Found Guilty Of Sexually Abusing Two Men—Star Observer
Cited text: Local queer advocate Samir Costas said the verdict should be a wake-up call for political institutions to create safer, more transparent environments,...
Excerpt: Local advocate Samir Costas described the verdict as 'a wake-up call for political institutions to create safer, more transparent environments', noting it wasn't just about 'one man's actions' but 'a system that allowed this to happen'
https://www.starobserver.com.au/new...und-guilty-of-sexually-abusing-two-men/237775
Convicted rapist Gareth Ward won't play along, which leaves NSW Parliament in the realm of legal oddity
Cited text: Infamously, in 1890 W. P. Crick was kicked out for a range of appalling behaviours, including drunkenness and a propensity for starting fistfights in ...
Excerpt: The last NSW MP expelled was W.P. Crick in 1890 for drunkenness and starting fistfights in Parliament—he had to be physically carried out
https://www.crikey.com.au/2025/08/07/convicted-rapist-gareth-ward-nsw-parliament-expelled/
Convicted rapist Gareth Ward won't play along, which leaves NSW Parliament in the realm of legal oddity
Cited text: Ward’s offences are objectively more serious than those in any previous case, but he is not the first MP to have been convicted of serious crimes. In ...
Excerpt: Ward's offences were 'objectively more serious' than previous cases, but unusually, he initially refused to 'fall on his sword'
https://www.crikey.com.au/2025/08/07/convicted-rapist-gareth-ward-nsw-parliament-expelled/