Kiama Resident Petitions to Close Legal Loophole After Gareth Ward Case
A resident of Kiama, Lynne Strong, has launched a petition aimed at closing a constitutional loophole that allowed her former representative, Gareth Ward, to retain his parliamentary position even after being convicted of serious crimes. The petition seeks to amend the NSW constitution to prevent similar situations in the future.
The Loophole Exposed
Lynne Strong told the ABC that Ward's conviction “exposed a loophole that most of us in the community did not even know existed.” She emphasized that the current system is "reactive, not proactive," highlighting the need for preventative measures to ensure accountability in government.
Ward's Conviction and Subsequent Actions
Gareth Ward was found guilty in July of three counts of indecent assault and one count of sexual intercourse without consent, stemming from incidents in 2013 and 2015. Despite widespread calls for his resignation, Ward initially refused to leave his position, continuing to draw his taxpayer-funded salary. Documents list his annual salary as a sitting MP at $178,000, and the ABC estimates he earned $3,435 while detained. He ultimately resigned shortly before a vote 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.
Constitutional Considerations
Section 13A of the NSW constitution stipulates that a member's seat is declared vacant if convicted of a crime punishable by five or more years in prison. Amendments in 2000 state that disqualification occurs after the appeals process is exhausted and the conviction is not overturned. Strong argues that this loophole undermines public confidence in Parliament, erodes integrity, and fails to reflect community expectations.
Strong proposes that while an appeal is underway, a convicted individual should not be able to represent the public or draw a salary. A NSW government spokesperson has stated they are monitoring the petition's progress. The number of signatories on the ePetition is currently not available to the public.
Aftermath and Future Implications
Ward’s expulsion triggered a bi-election in Kiama, resulting in Labor’s Katelin McInenery becoming the new member, scheduled to be sworn in next week. Ward’s defence barrister has filed a notice of intention to dispute his conviction, and Justice Kara Shead is expected to deliver her sentencing at the end of this month.
