Former Nationals politician James Hayward has launched legal action against the WA Legislature, seeking almost $750,000 after he was ousted from the house following his conviction for child sex offenses in 2023.
The former member of the upper house was sentenced to two years and nine months in prison in August 2023 after being found guilty of two counts of handling an eight-year-old child between 2019 and 2021.
However, the charges against him were dismissed last year before a retrial that was later abandoned.
Now, in a document filed with the Supreme Court on Monday, Hayward says his term was from 2021 to 2025, but his payment stopped after he was convicted, when he was removed from the Legislative Council.
On August 29, 2023, the Legislature declared Hayward’s seat vacant and revoked the privileges and rights associated with his membership based on his conviction.
Following his appeal, Hayward’s conviction was overturned, and there was no retrial.
The former congressman believes he could not be disqualified, while the Legislature continues to maintain that disqualification still applies and therefore Hayward is not eligible for his benefits.
Hayward now claims he suffered losses and damages, including unpaid wages, benefits, superannuation and the loss of his post-employment benefits.
According to the document, he is now seeking a declaration that he lacked technical qualifications and is entitled to compensation in the amount of $733,380.
He also wants the government to cover his legal costs.
After his final court appearance, Hayward told the media the 410 days he spent in prison had been “extremely difficult” and vowed to expose the truth about WA’s legal system if he succeeds in his bid to return to parliament.
The former South West MP resigned from the WA Nationals after the charges were laid in December 2021, but continued to serve as an Independent MP until he was found guilty.
The government passed a motion that stripped him of his rights as a former member of parliament 24 hours after his conviction – including his right to enter Parliament.
The WA Government has been contacted for comment.
