The NSW government has moved a motion to suspend former Liberal MP Gareth Ward from parliament, a day after he was charged with indecent and sexual assault offences, one of them involving a 17-year-old boy.
Acting Premier Paul Toole revealed the government had considered going even further and expelling the Member for Kiama, but legal advice urged against it.
According to the legal advice obtained by the government, which was tabled in parliament, expulsion carried a "significant risk" of jeopardising a fair trial and could even lead to the case not proceeding.
"When you look at that legal advice, this is about justice," Mr Toole said.
"We made it very clear yesterday that the best outcome would have been for the member to resign."
Mr Ward has so far resisted calls for his resignation.
He strongly denies all of the charges he faces; one count of sexual intercourse without consent, three counts of assault involving an act of indecency, and one count of common assault.
It is alleged the offences took place against a 17-year-old boy in 2013 and a 27-year-old man in 2015.
The motion to suspend the 40-year-old from parliament will be voted on tomorrow (Thursday).
"I did text Gareth today to inform him there would be a motion to move suspension and he did acknowledge that text," Mr Toole said.
The Acting Premier said the government was seeking advice on whether it could strip Mr Ward of his $169,000 a year salary, as well as allowances and entitlements.
On Tuesday Premier Dominic Perrottet interrupted his paternity leave to release a statement urging Mr Ward to resign.
A resignation would trigger a by-election for Kiama, just a month after the government suffered poor results in a super Saturday of by-elections.
If Mr Ward fails to resign, there will be no by-election, leaving the electorate of Kiama without representation in parliament.
"We need to make sure that they are also looked after, that those communities are looked after," Mr Toole said.
"We know that they will be without a member.
"They should not be denied having access to services and receiving the support that is provided by the government."
Mr Ward resigned from the Liberal ministry and moved to the crossbench in May last year after it was revealed he was being investigated by police.
The Member for Kiama was granted conditional bail yesterday and is due to face Port Kembla Court in May.
Mr Perrottet said yesterday that he had written to the Liberal Party's state director asking that Mr Ward be suspended from the party pending the outcome of the case.
In a statement issued yesterday, Mr Ward said he looked forward to clearing his name.
"While others have already attempted to prosecute my case in the media rather than the courts, out of respect for our system of justice, I will not be doing the same," he said.
"Accordingly, I will be making no further comment at this time."
