<div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Four sex offence convictions against a sitting MP aren't enough to expel him from parliament under "unworthy behaviour" provisions, his lawyer has argued.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Gareth Ward, 44, remains the member for the NSW seat of Kiama, as he awaits sentencing for sexually assaulting an intoxicated political staffer after a midweek event in the state's parliament in 2015.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>The former families minister was also found to have sexually abused a drunken 18-year-old man at his South Coast home in 2013.</span></div></div><div><div id="adspot-mobile-medium"></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><strong><span>READ MORE: </span></strong><a href="https://www.9news.com.au/national/rio-tinto-looking-to-cut-annual-sick-leave-down-from-45-to-12-days-for-iron-ore-workers/607a605a-f24e-4da1-aa2c-e39db8178cd0" rel="" target="_blank" title=""><strong><span>Rio Tinto moves to slash sick leave from 45 to 12 days for Pilbara workers</span></strong></a></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>A Labor-led vote to expel Ward from parliament, slated for Wednesday, was delayed after the Supreme Court ordered a halt at the MP's request.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>His barrister told an urgent NSW Court of Appeal hearing today that a letter Ward received from the Labor government about the planned expulsion vote only referred to the convictions, and did not lay out a case for Ward's expulsion.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>The letter did not detail any "unworthy conduct" - the expulsion power Labor is relying on to turf Ward - Peter King told a panel of three judges.</span></div></div><div><div class="OUTBRAIN" data-reactroot="" data-src="//www.9news.com.au/national/gareth-ward-court-hears-kiama-mps-convictions-arent-enough-to-expel-him-from-parliament/c6616d03-d9b7-458a-bf6f-295ccc17a4c2" data-widget-id="AR_5"></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"Are you seriously submitting that the convictions of the counts ... are not conduct unworthy?" Chief Justice Andrew Bell asked.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"The four counts are evidence of the fact of conviction but they're not evidence of the facts which underlie that conviction," King said.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>When the barrister tried again to make the same argument, Justice Jeremy Kirk chimed in.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"There can't be any mystery about it, he was tried publicly on an indictment," the judge said.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"He, of all people, must know what behaviour led to his conviction."</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><strong><span>READ MORE: </span></strong><a href="https://www.9news.com.au/world/trump-says-he-plans-to-put-a-100-tariff-on-computer-chips-likely-pushing-up-cost-of-electronics/e1e24b9d-28f2-4e46-a0ed-ad5cf1c82f85" rel="" target="_blank" title=""><strong><span>Trump floats industry-busting 100 per cent tariff on computer chips</span></strong></a></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Justice Kirk also questioned whether the court could do anything or interfere in the government's processes, as there had been no orders made to appeal.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>The most serious charge against Ward, who is in custody, carries a maximum 14-year jail term.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>King also argued that the move to expel Ward was punitive, denying the MP his chance to remain in parliament or go for re-election, if he successfully appealed the convictions.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>If Ward's appeal fails, he will be automatically expelled under a separate power.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>The move also denied Ward procedural fairness by denying him the chance to get up and oppose the motion in parliament, King said.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"In short, he is to be expelled by a kangaroo court," he said.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Four MPs have been expelled from NSW parliament, the last in 1969 under the "unworthy conduct" power.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Any expulsion of Ward will trigger a by-election in the NSW south coast electorate he has held since 2011.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Initially running under the Liberal banner, he secured a 2023 poll win as an independent, despite having been charged with sexual assault and suspended from parliament.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><strong><span>READ MORE: </span></strong><a href="https://www.9news.com.au/national/australia-work-from-home-office-vacancy-rates/9de14011-76c4-486f-a178-4aafa6096cea" rel="" target="_blank" title=""><strong><span>Why office vacancy rates have spiked to a 30-year high</span></strong></a></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>A vote to expel him is almost certain to pass with support from leaders of Labor and the coalition.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>NSW Premier Chris Minns said having an MP sitting in jail awaiting sentencing, while demanding to remain in parliament, was "an unconscionable situation".</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Opposition Leader Mark Speakman repeated calls for Ward to resign after the legal action prevented a parliamentary vote to expel him.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Academic Tonia Gray, who contested Kiama for the Greens at the 2023 state election, told AAP Ward should vacate the seat after being found guilty.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>The ongoing distraction of his refusal to resign has been a disservice to the community, she said.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"It's clearly not about the people of Kiama - it's all about Gareth," Gray said.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"Kiama deserves an opportunity to hold a by-election and elect a new member to the NSW parliament that can give their absolute attention to the critical work of representing our community."</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><strong><span>Support is available from the</span></strong><span> </span><strong><span>National Sexual Assault, Domestic and Family Violence Counselling Service</span></strong><span> </span><strong><span>at</span></strong><span> </span><a href="https://www.1800respect.org.au/" title="https://www.1800respect.org.au/"><strong><span>1800RESPECT (1800 737 732)</span></strong></a><strong><span>.</span></strong></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><a href="https://www.9news.com.au/national/how-to-follow-9news-digital/29855bb1-ad3d-4c38-bc25-3cb52af1216f" target="_blank"><strong><em><span>DOWNLOAD THE 9NEWS APP</span></em></strong></a><strong><em><span>: Stay across all the latest in breaking news, sport, politics and the weather via our news app and get notifications sent straight to your smartphone. 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