Labor backs move to suspend Kiama MP Gareth Ward

Labor will “categorically” support a move to suspend Gareth Ward from parliament after he was charged over allegations of sexual abuse of a man and a teenage boy.

NSW Labor will “categorically” support a motion to suspend Kiama MP Gareth Ward but will seek independent legal advice on how to get him expelled.

Labor leader Chris Minns supported the motion after his deputy Prue Car said a suspension would be sending Mr Ward on a “taxpayer funded holiday.”

“I wanted to say categorically that NSW Labor will support a suspension motion moved by the Deputy Premier later today,” he said.

“At the end of the day, we do acknowledge that these are complicated issues. We don’t think that the NSW Government has gone far enough simply with their suspension motion.”

Labor will seek independent legal advice to get the matter referred to the parliamentary Privileges Committee and the NSW Legislative Assembly in a bid to get Mr Ward expelled from Parliament.

“The opposition will seek independent legal advice to the seek referral to the Privileges Committee and the New South Wales legislative assembly to see whether there is evidence to justify … expulsion from the Legislative Assembly, but also to investigate the suspension of the salary for the member for Kiama pending his legal trial in the New South Wales district court.”

Former Minister turned crossbench MP Gareth Ward is under pressure to resign after he was charged with sexual-violence related offences. Picture: AAP Image/Joel Carrett

Labor will also seek advice on “the appropriateness of the member for Kiama attending his electoral office in the suburb of Kiama, whether he should have access to postage and information sent out to tens of thousands of people that live on the NSW south coast, (and) whether he should still be adjudicating the International Women of the Year Award.”

Mr Minns said the legal advice would ensure any decisions taken against Mr Ward would not prejudice his court trial

It comes after Acting Premier Paul Toole said the government has also sought advice on whether it can withhold a suspended member’s pay and entitlements, after noting the parliament has no power to do so.

The suspension motion will be considered by parliament on Thursday. Ward denies the allegations and will defend the charges.

It comes after The Daily Telegraph revealed that government figures did not think parliament could expel Mr Ward over his criminal charges.

The motion to suspend Mr Ward also acknowledges that the parliament “cannot debate the alleged misconduct of the member for Kiama contained within the said charges”.

Earlier, it was revealed that Ward had been banned from visiting schools.

Education Minister Sarah Mitchell told her department secretary it “wasn’t appropriate” for him to make school visits “considering both the seriousness and the nature of the charges that had been laid”.

Ward has declared he is “completely innocent” after being charged with three counts of assault with act of indecency, and one count each of sexual intercourse without consent and common assault.

“I can confirm to the house that the MP in question will not be visiting schools,” Ms Mitchell told parliament on Wednesday.

Mr Ward says he is “completely innocent”. Picture: NCA NewsWire/Flavio Brancaleone

“Local school executives in the area have been asked to contact relevant local principals today to reinforce this is the appropriate form of action.”

She took on notice questions about whether Ward had made any school visits since a NSW Police strike force was established to investigate allegations dating back to 2013 and 2015.

It came as state Labor declared Premier Dominic Perrottet would be putting the Kiama MP on a “taxpayer funded holiday” if the government moves to suspend him from parliament instead of trying to expel him from office.

Ward indicated he won’t stand down and will defend the charges.

Mr Perrottet on Tuesday vowed to “move a motion to remove him from the parliament” if he did not resign.

Ward, 40, attended Oats Flat Police Station at about midday on Tuesday, Police said.

He was charged and granted conditional bail ahead of a court appearance on May 18.

Police will allege in court Ward indecently assaulted a 17-year-old boy at Meroo Meadow in February 2013, and sexually abused a 27-year-old man in Sydney in September 2015.

“I am completely innocent of the charges brought against me,” Ward said in a statement.

“I will be instructing my lawyers to seek to bring this matter before the courts as quickly as possible and I look forward to demonstrating my innocence there.”

It is believed the circumstances of a MP refusing to resign while facing serious criminal charges has not occurred since the early 1900s.

It is understood the Premier does not want to do anything which would prejudice the court case.

Premier Dominic Perrottet has vowed to “move a motion to remove [Mr Ward] from the parliament”. Picture: NCA NewsWire / Flavio Brancaleone

Urgent legal advice about how to remove Ward from parliament was being sought on Tuesday afternoon.

“If Mr Ward is suspended from parliament and can’t be expelled, well, then the people of NSW need to know why that is the case and why Dominic Perrottet would be sending him on a taxpayer funded holiday,” Ms Car said.

Ms Car called on Mr Perrottet to release any legal advice he has received on why Mr Ward cannot be expelled.