Even if he keeps his seat of Kiama, Gareth Ward could still find himself banned from parliament.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
NSW Premier Dominic Perrottet has said he would support a move to ban Mr Ward from any new parliament - which the Kiama MP branded as "arrogant".
Mr Ward was suspended from parliament in March last year, after he was charged with historical sex assault offences - which he has vehemently denied.
With parliament now expired due to the forthcoming state election, that has brought Mr Ward's suspension to an end.
He could now walk back into the parliamentary building without repercussions.
Should he win in Kiama, any ban against him entering parliament would have to be reintroduced and voted on by MPs.
Mr Perrottet said on Monday he would support such a motion if it was tabled.
"Gareth has been suspended from the parliament," Mr Perrottet said.
"That was the government's decision in relation to those matters that are before the courts.
"It's hypothetical, but until such matters are resolved my position remains the same."
If the electorate voted Mr Ward in, moving such a motion would be a bold move for any party, given the voters knew about the charges, but wanted him as their representative.
Such a decision could be seen as overruling the wishes of the Kiama voters.
Mr Ward said he was "too busy working for my community" to be concerned about what others were saying.
"However, it should concern every citizen that political parties believe they should decide who will represent our community in parliament," Mr Ward said.
"This is unpardonably arrogant. I trust the judgement of my local community because the people always get it right.
"It should also concern communities that those who should be defending fairness and due process continue to trash the presumption of innocence."
Our news app has had a makeover, making it faster and giving you access to even more great content. Download The Illawarra Mercury news app in the Apple Store and Google Play.