New South Wales Deputy Premier Prue Car says the new Labor government will wait until every vote is counted in Kiama before commenting on whether they will suspend predicted winner Gareth Ward from parliament.
The former Liberal MP turned independent was yesterday named the victor of the seat south of Sydney by ABC's election analyst Antony Green, and has since argued he should not be suspended again from the seat while he fights criminal charges.
With almost 80 per cent counted this morning, Mr Ward leads by 1,048 votes at 51.3 per cent, in front of Labor's Katelin McInerney, who has already conceded to Mr Ward.
Mr Ward was charged last year with five offences, including one count of sexual intercourse without consent, three counts of assault with an act of indecency and one count of common assault.
He has strongly denied the allegations.
Mr Ward was suspended from the NSW parliament last year after he refused to resign over the allegations but that suspension was lifted during caretaker mode.
Labor Premier Chris Minns previously indicated he would support a motion to again suspend Mr Ward from parliament if he was re-elected.
Ms Car today said the government would wait to see the final count before commenting on the potential suspension.
"We know that counting is still continuing in that seat and many others so we will wait to see what the final result is in Kiama before we make any comments about what is happening with the current or any future members," she said.
Mr Ward told ABC Illawarra this morning it would be "extraordinary" if he was suspended from government.
"You know we live in a democracy and elected party leaders in Sydney don't get to tell communities who can represent them, the voters get to decide," Mr Ward said.
"I think it would be extraordinary in a minority parliament situation, (if) a government sought to use a particular set of circumstances to give itself a greater political advantage."
He said voters of NSW would not stand for it.
"I think that people would actually react very badly... right across the state. If they saw democracy being mangled and mixed by a government that didn't get its way," he said.
"There are very important principles at stake here."
There is no Australian law preventing someone charged with criminal offences from running for election.
But, it is an offence to nominate if you have been convicted or are due to be sentenced for an offence punishable by imprisonment for one year or longer.
Mr Ward pleaded not guilty to all charges on Tuesday at the Nowra Courthouse.
He is due to appear at Sydney's Downing Centre for the first time on Monday for a hearing.
Police allege he indecently assaulted a 17-year-old boy at Meroo Meadow, south of Sydney, in 2013 — two years after he became the Liberal member for Kiama.
They allege he then sexually abused a 27-year-old man in Sydney two years later.
