Close the Loophole: Disqualify Convicted MPs in Custody
Petitioner:
Ms Lynne Strong
| Member:
Watson, Anna
| No. of Signatories:
150
| Date closed:
08/11/2025
To the Speaker and Members of the Legislative Assembly,
We call on the NSW Parliament to close a loophole that allows Members of Parliament convicted of serious crimes to remain in office and continue receiving their salary while they await sentencing or appeal. This means taxpayers may be funding the salary and legal costs of someone who is already behind bars.
This petition seeks to amend section 13A of the Constitution Act 1902 so that a Member is immediately disqualified once they are remanded in custody following a conviction for a serious indictable offence, regardless of whether sentencing or an appeal is pending.
Currently, section 13A allows a convicted MP to retain their seat while awaiting sentencing or pursuing appeals. As a result, an MP found guilty by a jury and remanded in custody may continue to serve during this period.
Amendments made in 2000 mean that “conviction” is defined as the conclusion of the appeals process if an appeal is lodged. This delays disqualification and allows convicted individuals to remain in office. This undermines public confidence in Parliament, erodes its integrity, and fails to reflect community expectations.
We therefore respectfully ask the Legislative Assembly to call on the Government to:
• Amend section 13A of the Constitution Act 1902;
• Introduce clear, automatic disqualification for any MP convicted of a serious indictable offence and remanded in custody; and
• Ensure the seat is vacated immediately upon remand, irrespective of appeal status.
This reform is essential to restore trust and protect the integrity of our democracy.
