An Australian politician convicted of rape is fighting - from his jail cell - to remain a member of the New South Wales (NSW) parliament.

Gareth Ward was last month found guilty of sexually assaulting two young men, aged 18 and 24, at his home between 2013 and 2015, and is now in custody pending sentencing.

The NSW House of Representatives had planned to expel the 44-year-old this week after he refused to resign following the guilty verdict.

However, lawyers for Ward, who plans to appeal his conviction, say they will seek an injunction at a Supreme Court hearing on Friday to stop the independent member for Kiama from being forced out.

"He's got no shame," NSW Premier Chris Minns told local radio station 2GB on Tuesday.

He repeated calls for Ward to resign from state parliament, saying it's the "first and most obvious choice".

"It's an unconscionable situation to have someone who's currently sitting in jail in Silverwater, convicted of serious sexual offences, who is demanding to remain a member of parliament and continue to be paid," Minns said.

Ward resigned as a state government minister and from the Liberal Party when the accusations emerged in 2021, but refused to leave parliament and was re-elected as the member for Kiama in 2023.

The NSW government had previously considered voting to expel Ward, who has been a state MP since 2011, but legal advice indicated it could risk prejudicing his trial.

Ward is due to be sentenced next month for three counts of indecent assault and one count of rape.