Former Nationals politician James Hayward has launched legal action against the WA Legislative Council, seeking almost $750,000 after he was disqualified from the house following a conviction for child sex offences in 2023.
The former upper house MP was sentenced to two years and nine months jail in August 2023 after being convicted of two counts of indecently dealing with an eight-year-old child between 2019 and 2021.
However, those charges against him were dropped last year ahead of a retrial that was later abandoned.
Now, in a writ lodged with the Supreme Court on Monday, Hayward says his term of office was from 2021 until 2025, but his remuneration ceased after his conviction, when he was disqualified from the Legislative Council.
On August 29, 2023, the Legislative Council declared Hayward’s seat vacant and revoked privileges and entitlements associated with his membership on the basis of his conviction.
Following his appeal, Hayward’s conviction was quashed, and no retrial went ahead.
The former MP believes he was not able to be disqualified, while the Legislative Council maintained the disqualification still applied and Hayward was therefore not eligible for his entitlements.
Hayward now claims he suffered loss and damage, including an unpaid salary, allowances, superannuation and the loss of his post-service payment.
According to the writ, he now seeks a declaration that he was not technically disqualified and is entitled to a remuneration sum of $733,380.
He also wants the state to cover his legal costs.
After his last court appearance, Hayward told the media the 410 days he spent behind bars were “tremendously difficult” and vowed to lay bare the truth about the state of WA’s justice system if he was successful in his bid to return to the halls of parliament.
The ex-MP for the South West region resigned from the WA Nationals after being suspended when the charges were laid in December 2021, but continued serving as an Independent MP until he was convicted.
The government passed a motion which stripped him of his rights as a former member of parliament 24 hours after his conviction – including his right to access Parliament House.
The WA government has been contacted for comment.
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