Labor's hopes of forming majority government hang in the balance, as the NSW Electoral Commission continues counting votes from Saturday's state election.
The new parliament hasn't even formed yet, but there's already been drama, with re-elected Kiama MP Gareth Ward — who's pleaded not guilty to indecent and sexual assault offences — warning any move to suspend him at Macquarie Street would defy the will of his electorate.
Former premier Dominic Perrottet also held a barbecue for staff this afternoon, five days after his government was defeated.
This is how the day unfolded.
Key events
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Live updates
Bye for now
By Riley Stuart
No more vote counting today, so that's it from me, Paige Cockburn and Greta Stonehouse.
Four seats remain in doubt, and we're expecting the next main results to arrive Saturday when the NSW Electoral Commission starts counting postal votes.
Final round of questions for today
By Riley Stuart
Last batch to be answered.
KD has asked:
What about Pittwater?
What about it?
Daniel has asked:
What happens if someone concedes and they pull ahead with further counting? Does that mean they forfeit the seat?
Nar, you still win it. The votes are the only thing that matter.
MatchPoint has asked:
It is true that the Speaker DOESN'T have a deliberative vote to break ties? And therefore, assuming Labor end up with 45 seats, and appoint an Independent as Speaker, they'd still need at least two more votes to ensure a working majority to pass motions on the floor of the Legislative Assembly?
Had to ask Antony Green about this one. He says: The Speaker only votes in the event of a tie. So in the 93 seat Legislative Assembly, if all members are present and voting, then the Speaker can only vote when there is a 46-46 tied vote.
Linda has asked:
Does this mean labor will be a minority government?
It's highly likely they'll be in minority government yes. They still need to win two seats and only four remain undecided.
Alison has said:
Just catching up on today's and yesterday's blog, and just wanted to say thanks for answering my question yesterday!
😇
Former premier hosts BBQ
By Riley Stuart
And now, for something completely different.
Here's some snaps from Sydney's north, where former premier Dominic Perrottet hosted a barbeque for staffers.
🚨 An update from Antony Green 🚨
By Riley Stuart
The ABC's chief elections analyst Antony Green says the NSW Electoral Commission did not do a distribution of preferences on the votes it counted today.
Basically that means it's impossible to calculate how much candidates have caught up / fallen behind each other today.
At this stage, we don't actually know when those distributions are going to come in.
This Saturday, the NSW EC is going to count another batch of postal votes, so that's the next time we'd expect to see substantial changes in the numbers.
Questions about Kiama
By Riley Stuart
We've been getting plenty of questions/comments about the seat of Kiama over the past few days.
I've been waiting for the right moment to address them and, for legal reasons, need to be careful. If you want your Kiama questions answered, make sure they're not defamatory please.
It's certainly an unusual situation. I may need to edit some of them.
Someone asked:
I asked this yesterday but I don't think it was seen, so this is day two of asking how someone, like Gareth Ward, with a pending criminal trial can be elected to office? Shouldn't he be disqualified until after the outcome of the trial?
So there's never been a law in Australia that stops people who've been charged with an offence from nominating. The last parliament decided to suspend Gareth Ward after he was charged with indecent and sexual assault offences. He pleaded not guilty this week. There's a new parliament now, he can just turn up on the first sitting day (in May) and be sworn in. The parliament will need to suspend him again if that's what it wants to do.
Mitchel has asked:
Has there ever been a MP (State or Federal) that's been elected while being prosecuted before this election, or is this a first?
It's not a first, but I had to go to the guru Antony Green to find that out: He says: "Troy Bell, the current State MP for Mount Gambier in South Australia, has been re-elected at the last two state elections while facing prosecution. The charges relate to theft and dishonesty and will result in his expulsion from Parliament if proven in court."
Someone has asked:
A person is innocent until proven guilty by a court of law. If they are found guilty do they get expelled from the parliament and then we have a bi-election? Or does the seat go to the next closest candidate?
You've got to remember that there is an appeals process open to anyone who may be found guilty of a crime. So nothing would happen politically to a person until that is exhausted. That can take years in some cases. Seats don't just get given to the next closest candidate, it would be the subject of a by-election.
Who's who in the zoo (part 2)
By Paige Cockburn
Let's meet more of the new senior ministers....
Jo Haylen
The popular Summer Hill MP is the new transport minister for NSW and has an expansive plan to revamp the system.
It includes:
- More frequent services, including "turn up and go" offerings
- Better options for the 'last mile' of people's commute which means more walking and cycling infrastructure
- More essential services at stations and hubs - think phone charging, dry cleaning, parcel pick up
- More night-time services
In the past Ms Haylen voiced opposition to the state's tough drug laws, saying the focus should be on health, not punishment.
Penny Sharpe
The new environment and heritage minister is the first out lesbian minister to ever sit in the NSW parliament.
Part of the left faction of the party, she played an instrumental role in pushing the party to support marriage equality.
She's an incredibly experienced operator who has held a variety of positions in the party and sat on a long list of committees.
In 2021 she resigned form the shadow cabinet over a mandatory disease-testing bill which would have required anyone who posed a risk of bodily fluid contact with a front line worker to have a blood test.
She said it would be a "major departure" from what science has proven about managing the risks of HIV or hepatitis.
John Graham
This is our new minister for music and the night-time economy and roads.
He's committed to reviving nightlife through a $103 million contemporary music package, which would double the number of music venues in the state.
He will also oversee Labor's $724 million commitment to build new roads and fix damaged ones across regional NSW over the next three years.
Mr Graham has been an upper house member since 2016 and was a deputy chief of staff to former NSW premier Nathan Rees.
Michael Daley
The former party leader is the only member of the senior leadership with past ministerial experience.
The member for Maroubra is now the state's Attorney-General.
Mr Daley is aligned with the party's right faction and lost the 2019 election after a video surfaced of him making negative comments about Asian immigration.
Between 2008 and 2009 he held the portfolios of finance, police and roads under the Nathan Rees government.
Who is the new senior ministry?
By Paige Cockburn
While Labor's full cabinet won’t be sworn in until next week, the senior decision makers are already in place.
I'll give you some info on them throughout the afternoon, starting with these three:
Prue Car
The new deputy premier was born and raised in Emu Plains, Western Sydney, and has always been an advocate for the area. Before heading into state politics, she was a councillor on the Penrith City Council and an advisor to former premier Bob Carr.
She's always strived to stand up for the city's western suburbs, claiming they "cop it more than any other areas of Sydney".
The Londonderry MP, who will take the education portfolio, says her top priority is tackling the "root" causes of why outcomes are slipping in the state's schools.
She took a break from parliament last year after being diagnosed with kidney cancer and returned just as election campaigning started to scale up.
Daniel Mookhey
The new treasurer was born to Indian migrants form Punjab and grew up in Blacktown.
He’s a proud unionist, having worked in senior roles for the Australian Council of Trade Unions before entering the parliament.
Known for bringing a packed lunch to work every day, Mr Mookhey says he's prepared to make the tough decisions to find budget savings and reign in the state’s record debt.
He has become known for his attention to detail and exposing some of the past government's scandals (think iCare and John Barilaro's New York trade job).
In 2015 he became the first MP to be sworn in on the Hindu scripture, Bhagavad Gita.
Ryan Park
Former high school teacher and member of Keira, Ryan Park, is the new health minister.
Mr Park lives in the seaside suburb of East Corrimal in Wollongong and was appointed as shadow health minister in 2019.
The father-of-two has declined to contest the leadership of the party twice in recent years.
He says he is "obsessed" with improving how emergency departments run across the state and wants to tackle NSW's elective surgery waitlist.
He says he will make unannounced visits to hospitals each week to get the best understanding about what needs changing.
Labor's Terrigal candidate trailing
By Greta Stonehouse
Reporting by Emma Simkin from ABC's Central Coast
Labor's candidate for Terrigal remains positive, despite trailing incumbent Adam Crouch, in the traditionally Liberal-held seat.
Sam Boughton is less than 200 votes behind, with absentee and postal votes still being counted, and the 31-year-old physiotherapist said it was now a waiting game.
"It's really hard to predict, I wouldn't even begin to make any guesses, strange things happen during elections - we're not out, until we're out," he said.
With 75 per cent of the vote counted, Labor has secured an unlikely 12 per cent swing in the seat, that has only ever been in Liberal hands.
What is a 'new enrolment vote'?
By Riley Stuart
I knew I would get pulled up on this. 🙄
In an earlier post I said Labor had narrowed the margin in Terrigal when some "new enrolment votes" were counted today.
While I was writing it, I thought it might be a bit vague and that it would probably be worth explaining it, but in my defence it is day four of this blog. 😮💨
Then you all started ganging up on me!
Phaedra asked:
In comments on Terrigal your mention "new enrolment votes" what exactly are these?
Sue asked:
What does it mean. “This was from "new enrolment votes".” It’s in your text about 1 hour ago about Terrigal.
This one I needed to ask chief elections analyst Antony Green about, and he was in the newsroom but left to get a snack from the vending machine and went back to his office (on a different floor) so I had to email him.
But he's just replied! He says: "You can enrol to vote on polling day in NSW. Your vote is cast as a declaration vote, but the envelope will only be opened and counted if the enrolment application can be verified with other sources."
So in other words, it's votes from people who enrolled to vote on Saturday.
Expert says Gareth Ward should stay
By Greta Stonehouse
State political reporter Rani Hayman spoke with constitutional lawyer, Professor George Williams, from the University of NSW today.
He said the government could suspend Mr Ward again, if they find he was not a fit and proper person to sit in parliament.
However, he thinks this would be wrong, akin to "thumbing your nose" at the electors who chose him for a second time.
You can watch the interview here:
Update on Ryde
By Riley Stuart
Nathan has asked:
Can we get in update on the count in Ryde? The NSW EC virtual tally room isn’t exactly clear in the 2CP count. Thank you
Still super close in Ryde. Labor in front. Postal still need to be counted over the coming days, though.
Gareth Ward doubles down
By Greta Stonehouse
Independent MP Gareth Ward says Premier Chris Minns would be ignoring the people of his electorate, Kiama, if he were to be suspended from parliament again.
Mr Ward this week pleaded not guilty to incedecent and sexual assault allegations in court.
After he was charged last year, the parliament voted to suspend him, but this morning Mr Ward said it would be "extraordinary" for democracy if that were to happen again.
"I think that people would actually react very badly ... right across the state," he told ABC Radio Wollongong.
"If they saw democracy being mangled and mixed by a government that didn't get its way ... they are very important principles at stake here."
Update on Goulburn
By Riley Stuart
Geoff B has asked:
What is the likely outcome in Goulburn?
These results haven't pulled through yet to the ABC's system but this is the latest. Liberal Party remains in front and likely to win.
Labor not ready to announce possible Ward suspension: Car
By Greta Stonehouse
NSW Deputy Premier Prue Car says the government is waiting until every vote is counted before commenting on the seat of Kiama.
While Labor's candidate Kate McInerney has conceded defeat, Ms Car this morning refused to be drawn on whether independent MP Gareth Ward would be suspended from parliament.
"We know that counting is still continuing in that seat and many others so we will wait to see what the final result is in Kiama before we make any comments about what is happening with the current or any future members," she said.
Mr Ward told ABC Radio Wollongong this morning that it would "be extraordinary in a minority parliament situation, (if) a government sought to use a particular set of circumstances to give itself a greater political advantage".
Premier Chris Minns during his election campaign said he would not be working or making any deals with Mr Ward, after then-premier Dominic Perrottet expelled him from parliament.
This week, Mr Ward pleaded not guilty to alleged indecent and sexual assault offences.
Labor catching up in Terrigal
By Riley Stuart
Someone asked about what's going on in Terrigal but I deleted the comment before I put it in the post sorry!
I'm told the counting this morning has shaved about 90 votes off the Liberals' lead in Terrigal. This was from "new enrolment votes". They're still in front by roughly 150 votes though. That will pull through to our system this morning.
Labor has never won the seat, and this week, Premier Chris Minns conceded it was "unlikely" they'd get over the line there.
Labor's Kiama candidate concedes defeat
By Greta Stonehouse
Katelin McInerney has called her opponent, Gareth Ward, to concede the election in Kiama.
In a statement, she said it was clear Labor could not win the seat.
"While the result is disappointing, I am incredibly proud of the positive and disciplined campaign we have run to give both Kiama and NSW a fresh start.
"I put my hand up to run for the seat of Kiama to make sure that my son William and kids just like him could grow up in the best future possible.
"While we will not get across the line in Kiama, I am glad that the people of NSW voted for a fresh start and I look forward to a new Labor government delivering for our community. "
She said she was looking forwards to spending time with her family after a long campaign.
These are the votes being counted today
By Riley Stuart
... in the seats that are still close, anyway. Added Wollondilly there, too, even though the ABC has called it for the independent Judy Hannan.
Four seats too close to call
By Riley Stuart
Let's have a look at the four seats that remain too close to call.
- Goulburn (Liberal Wendy Tuckerman leads by 368 votes)
- Holsworthy (Liberal Tina Ayyad leads by 526 votes)
- Ryde (Labor's Lyndal Howison leads by 235 votes)
-
Terrigal (Liberal Adam Crouch leads by 237 votes)
Good morning
By Riley Stuart
I was thinking maybe we wouldn't blog today but the ABC's chief elections analyst Antony Green just came down to the newsroom and said the vote count would be exciting!
Some developments to catch you up:
- Four seats remain to close to call (Terrigal, Goulburn, Ryde and Holsworthy)
- Labor needs to win two if it wants to form majority government
- The NSW Electoral Commission is going to (among other things) count some absentee votes today, which are likely to impact the seats in doubt
- The ABC called Kiama for Liberal-turned-independent Gareth Ward yesterday. He's been on ABC Illawarra this morning, I'm going to try and post the full audio of his interview later
Strap yourselves in, and keep those questions/comments coming.
