A disgraced MP in jail for sexual assault has managed to stall his removal from parliament by heading to court, amid claims a senior judge acted beyond their powers.
NSW Premier Chris Minns has revealed that in an "unprecedented situation", Kiama MP Gareth Ward was granted injunctive orders in the Supreme Court on Monday against state parliament lower house leader Ron Hoenig and Speaker Greg Piper.
The orders delivered after the snap hearing blocked a planned motion by the Labor government to remove him from his seat as parliament resumed on Tuesday, with a vote initially slated for Wednesday.
Ward, a former families minister, was jailed in July after a NSW District Court jury found him guilty of sexual intercourse without consent and three indecent assaults.
He has continued to receive his $3350 per week salary since his conviction on July 30, despite being in custody.
"Clearly, he's got no shame," Mr Minns told Sydney radio 2GB on Tuesday.
"It's an unconscionable situation to have someone who is currently sitting in jail in Silverwater convicted of serious sexual offences, who is demanding to remain a member of parliament and continue to be paid."
The court order prevents any efforts to expel Ward from state parliament before the Supreme Court hears from both sides on Friday morning.
The premier warned a critical time factor is at play, with the parliament due to rise on Friday evening and the lower house taking a break for four weeks.
Mr Hoenig, who is responsible for shepherding government business through the lower house, said all options were on the table to oppose Ward's motion.
The courts did not have the power to restrain MPs from bringing forward matters under parliamentary privilege, he said.
"The court has no jurisdiction to prevent any member of parliament from moving a motion, or any power to have the house conduct its affairs as it is entitled to under the constitution," he told reporters on Tuesday.
"However, we are talking about a separation of powers ... so we will give the court the opportunity to prevent what we say is a significant constitutional error."
Opposition Leader Mark Speakman said he would work with the government to expedite Ward's expulsion and urged the MP's legal team to encourage him to resign immediately.
"Every day he clings to his seat from a jail cell, taxpayers are footing the bill and the people of Kiama are left voiceless," he said.
"It's not just wrong; it's offensive."
Ward, who sits as an independent after leaving the Liberal party, awaits his sentence for sexually assaulting an intoxicated political staffer after a midweek event at NSW Parliament House in 2015.
The 44-year-old was also found to have sexually abused a drunken 18-year-old man at his South Coast home in 2013.
Ward has held the Kiama electorate since 2011, winning three elections under the Liberal banner.
He secured the 2023 poll as an independent, despite having been suspended from parliament for a year following his police arrest.