Independent Wagga MP Joe McGirr has voted with the opposition in a failed attempt to block a motion criticising Labor's lack of an official leader in NSW.
On Wednesday, Liberal Ku-ring-gai MP Alister Henskens moved that the House note "that 72 days after the NSW election, NSW Labor does not have a leader, because they put (former federal leader) Bill Shorten first".
Mr Henskens also moved the house note "that major NSW unions have rejected both candidates for the leadership of NSW Labor...that NSW Labor is now more divided than ever before" and called "on NSW Labor to start putting the people of NSW first".
Former NSW Labor leader Michael Daley stepped down after losing the March election and his two potential replacements, Jodi McKay and Chris Minns, will have to take part in a mandated month-long process to win votes from fellow MPs and rank-and-file party members.
Dr McGirr did not speak for or against the motion but did vote against passing it, which produced an initial tied vote as Kiama MP Gareth Ward accidentally voted no.
The two other independent MPs and the Shooters, Fishers and Farmers Party also voted against the motion.
The Speaker of the House's casting vote was needed to support the government and pass the motion.
Dr McGirr later stated outside Parliament that his ability to make decision on individual motions was "one of the benefits of being an Independent MP".
"In my view, this particular motion was political game playing and I believe we can do better in parliament," he stated on social media.
Dr McGirr usually votes with the government but has sided with the opposition before, including during his first month sitting in Parliament in September.
In that instance, Dr McGirr voted against to government's move to give debate priority to a motion condemning Labor Prospect MP Hugh McDermott "for failing to represent his constituents and neglecting his community".
"As I said during the vigil, it is impossible to make sense of these horrific events, but it is important we face them together, in solidarity and with kindness and love, Dr McGirr said.
"That sentiment was echoed in the home-made signs of children that read, "God loves everyone" and, "Don't judge a book by its cover".
"Just one month later, a second candlelight vigil was held at the Victory Memorial Gardens to commemorate the lives lost as a result of the gut-wrenching Sri Lankan bombings across Easter. I am proud to say that once again hundreds of members of our community attended."
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