The NSW government is considering referring independent MP Gareth Ward to the privileges committee after he was re-elected as the representative for Kiama while fighting sexual assault charges.
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It comes as the Labor government's hopes for a majority government are extinguished, with key seats Terrigal and Holsworthy both called for the Liberal party on Saturday.
The former Liberal minister has pleaded not guilty to five criminal offences including sexual intercourse without consent, three counts of assault with indecency and common assault.
He has been committed to stand trial in the NSW District Court and was formerly arraigned earlier this week.
Mr Ward was dumped from the Liberal Party and suspended from the parliament after he was charged by police last year.
He has consistently maintained his innocence and said in a statement this week he looks forward to getting back to work.
"When it comes to elections, the people always get it right," he wrote on Wednesday.
Asked if the government would support a new motion to suspend Mr Ward, Environment Minister Penny Sharpe said on Saturday the government was considering its options.
"We could look at referring him to the Privileges Committee but we're waiting until the final declaration of the poll."
The committee is able to make determinations on MPs' ethical standards and their use of parliamentary privilege, which allows members to speak without risk of being sued.
While Labor's candidate in Kiama Katelin McInerney conceded the election on Wednesday, Ms Sharpe said the party would continue to watch for a final outcome to be declared.
"The count is still underway. It is still close in Kiama. So we're really waiting to see the final outcome."
It comes as the close seats of Terrigal and Holsworthy were called for the Liberal Party on Saturday, snuffing the government's hopes of leading with a majority.
Terrigal was called for Liberal Party MP Adam Crouch on Saturday by the ABC's Election Analyst Antony Green, as counting continues one week on from the state election.
"The Liberal Party's Adam Crouch will retain Terrigal. Widens lead today after a very strong result on postal votes," Mr Green said on Saturday.
Mr Green also called the southwestern Sydney seat of Holsworthy for new Liberal candidate Tina Ayyad.
"Having gone backwards and forwards over the figures, I can't see how Labor closes the gap. Tina Ayyad is the new Liberal member for Holsworthy," Mr Green said.
The government, who needs 47 seats for a majority, has remained on 45 seats in the past week as a number of close electorates including Goulburn, Kiama and Terrigal fall by the way to Liberal and independent candidates.
It leaves the seat of Ryde the only outstanding electorate, where Labor candidate Lyndal Howison fell behind in the count on Saturday to Liberal candidate Jordan Lane, by 232 votes.
Ms Howison had been leading in Ryde throughout the week, with a slim majority of just over 200.
If Ms Howison wins, the government will still fall one seat short of a majority.
Australian Associated Press
