The issue has been raised following Kiama MP Gareth Ward's announcement that he will run as an independent at the March election.

Mr Ward is facing sex assault charges, of which he has consistently declared his innocence.

The case has been delayed several times, the latest delay has pushed a court date back to after the election.

Those charges will not stop Mr Ward from running because, as University of Wollongong associate professor Greg Melleuish said, there's this concept of innocent until proven guilty.

"There's no impediment," Prof Melleuish said.

"He's only been sent to trial, he hasn't been convicted, so there's no real impediment to his standing.

"The only court he has to face in that sense is the court of public opinion.

"Just because they've been sent to trial doesn't mean anything. You've got to give them the presumption of innocence."

While there are no rules limiting those facing charges from running for election, parliament has rules in place for any MP found guilty of an offence.

A member will lose their seat if they are are convicted of an offence "punishable by imprisonment for life or for a term of five years or more".

Less clear-cut is the regulation that an MP convicted of an "infamous crime" would also lose their seat.

According to the regulations, the classification of an infamous crime "depended upon the nature of the crime committed rather than the terms of the offence and whether it is 'contrary to the faith, credit and trust of mankind'."

Other things that will see a NSW MP lose their seat include going bankrupt, being a member of the federal parliament, holding "an office for profit under the Crown", becomes a foreign citizen or fails to turn up to parliament for an entire session.