Former MP James Hayward sues WA government after upper house disqualification
Former Nationals politician James Hayward has launched legal action against the WA Legislative Council seeking nearly $750,000 after he was disqualified from home following his conviction for child sex offenses in 2023.
The former upper house MP was jailed for two years and nine months in August 2023 after being found guilty of two counts of improperly dealing with an eight-year-old child between 2019 and 2021.
But, The charges against him were dropped last year ahead of a retrial this was later abandoned.
In a writ submitted to the Supreme Court on Monday, Hayward said his term was from 2021 to 2025, but his salary was cut when he was disqualified from the Legislative Council following his conviction.
On August 29, 2023, the Legislative Council declared Hayward’s seat vacant and revoked the privileges and powers associated with his membership based on his conviction.
Following his appeal, Hayward’s conviction was overturned and there was no retrial.
While the former MP believed he could not be disqualified, the Legislative Council stated that the disqualification still stood and Hayward was therefore ineligible for his benefits.
Hayward now claims he has suffered loss and damage, including unpaid wages, allowances, loss of pension and post-service pay.
He is now seeking a declaration that he is not technically disqualified and is entitled to a fee of $733,380, according to the writ.
He also wants the state to cover his legal expenses.
Following his final hearing, Hayward told the media the 410 days he spent behind bars had been “extremely difficult” and vowed to reveal 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 former South West regional MP resigned from WA Citizens after being suspended when the charges were made in December 2021, but continued as an Independent MP until he was sentenced.
Within 24 hours of his conviction, the government passed a motion stripping him of his rights as a former MP, including the right to access Parliament House.
The WA government has been contacted for comment.
