00:00Before we proceed with the program as printed, I wish to advise the House that this day, Friday 8 August 2025, I received a letter from Gareth James Ward resigning his seat as a member for the Electoral District of Kiama.
00:25I advise the House that in accordance with Section 33 of the Constitution Act 1902, the resignation of the member for Kiama took effect immediately upon my receipt of his letter of resignation at 9.08am.
00:43I further inform the House that I intend to issue a writ for a by-election to be held on a date to be determined.
00:51I call the Leader of the House.
00:54Mr Speaker, I move in accordance with Section 78 of the Electoral Act 2017 that the seat of the member for Kiama be declared vacant by reason of the resignation of Gareth James Ward.
01:09The question is the motion of the Leader of the House.
01:16On that, I shall put the question.
01:20All of our opinions say aye.
01:21Aye.
01:22On the contrary, no.
01:24I believe the ayes have it.
01:26The ayes have it.
01:28In accordance with the resolution of the House of the 7th of August 2025, I call on business with precedence. Once again, I call the Leader of the House.
01:43Mr Speaker, given the resignation of the member for Kiama, I withdraw the notice of motion for business with precedence standing in my name.
01:54And I just want to make these very brief observations, if the House would permit me.
02:00Not in 107 years has this House been required to expel a member.
02:11And the fact that we were about to make such a determination is a pretty shameful exercise and should have been done following the verdict by the jury.
02:27Because the failure of the former member for Kiama to respect the verdict of the jury who convicted him for serious sexual offences demonstrated not only lack of respect to the jury of his peers, this House and the traditions of this House, but to the people of Kiama who had entrusted them
02:56to be able to properly represent them.
03:00The people of Kiama put their trust in the former member for Kiama knowing that he was charged with these offences.
03:11And they trusted his assertions of his innocence.
03:16They gave him the presumption of innocence.
03:18And they did what the people of Kiama, I thought, were extraordinary in entrusting him to represent them in a way in which he could do so with integrity, honesty and propriety.
03:34And the verdict of the jury has ensured that whatever assertions he made to the people of Kiama to enable him to be elected was certainly dishonest and certainly took them for a ride.
03:53And the people of Kiama and the electorate of Kiama should themselves be extremely disappointed in his continuing conduct, which continues to demonstrate remorse for his conduct found proved beyond reasonable doubt.
04:12And his conduct and his impact upon the victims of his crime and what they have had to undergo, not only through his conduct, but through the trial process.
04:27And for the former member of Kiama to continue to pursue a purported legal challenge to assert somehow in the courts that this house doesn't have the inherent power that it's had since the 17th century.
04:50And through the passing of the Bill of Rights Act itself was extraordinary.
04:57And I and you, Mr Speaker, and the clerk had to undergo what I consider to be vexatious litigation in respect of simply to maintain the traditions and inherent power of this house, which we could have exercised.
05:17And the house would also have noted the observations made by the conduct of counsel for Mr Ward that induced Justice Sweeney in making her ex parte orders on Monday.
05:32It is regretful that this house has been put through this difficulty, but, however, better late than never, it is better to avoid having to do something that the house hasn't done in 107 years, and at least exercise some respect for his former community and this house by tendering his resignation.
05:58The member for Kiama at five minutes to midnight has done what he should have done at the outset, and that is resign.
06:19It should never have come to this.
06:22The opposition was prepared today to support the motion to expel the member for Kiama, not on the basis of punishing the member for Kiama, that's what the criminal justice system does, but to protect the integrity of this house and the reputation of this house so the public can have confidence in the honesty and the integrity of its members.
06:47Clearly, when a jury finds someone guilty beyond reasonable doubt of very serious offences, the honourable thing is to resign forthwith, and overwhelmingly, in the interests of his constituents, that's what the member for Kiama should have done.
07:11He 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 the opposition and the general public, is disgraceful.
07:35He has already been convicted of serious, very serious sexual offences, and I think every member of this chamber's heart would go out to the victim survivors of those offences, who no doubt continue to be traumatised, and re-traumatised by the cat and mouse game that has gone on in the last fortnight.
07:59Finally, finally he has done the right thing. It should never have come to this. His constituents should always have been put first. It is just beyond comprehension the shamelessness that has occurred in the last fortnight.
08:14But now there will be a by-election, and the voters of Kiama will have their say, and in the meantime, our hearts go out to the victim survivors of these crimes.
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