The Victorian opposition says the only way to deal with rebel independent Geoff Shaw is to expel him from parliament.
Rebel independent Geoff Shaw could be suspended by the Victorian parliament, but the opposition wants him expelled.
Premier Denis Napthine refuses to say whether the balance-of-power MP will be suspended or expelled when parliament sits on Tuesday.
“We are not ruling anything in or out. We are getting proper advice,” Dr Napthine told reporters on Thursday.
Opposition Leader Daniel Andrews said he would “absolutely not” agree to a suspension of Mr Shaw, the member for Frankston.
“This needs to be dealt with once and for all,” Mr Andrews said.
“We need a by-election in Frankston.”
Labor wants Mr Shaw held in contempt of parliament for misusing his taxpayer-funded car.
Dr Napthine said any punishment of Mr Shaw had to be “absolutely enforceable”.
Mr Andrews said he had legal advice that expelling Mr Shaw from parliament was possible, but he would not release it.
Mr Shaw said this week he would back Labor in a motion of no confidence against the government, but Mr Andrews said he had no plans to introduce such a motion.
“There are long and very detailed motions around no confidence. They take weeks and months. I have no plans around that,” Mr Andrews said.
Victorian Greens leader Greg Barber called on Labor to block the budget, which Mr Andrews said would deny emergency services workers their wages.
“It’s absolutely and fundamentally irresponsible (to block supply),” Mr Andrews said.
He said if Mr Shaw was expelled, a by-election could be held in Frankston on July 12 or 19, if the Speaker agreed to it.
“We cannot leave this community without an MP for four or five months,” Mr Andrews said.
A coalition-dominated parliamentary privileges committee found Mr Shaw breached the MP code of conduct by misusing his parliamentary car for his private hardware business, but its Labor members wanted a contempt finding.
Mr Shaw withdrew support for the Napthine government, which relies on him to hold power, after it failed to guarantee he would not be penalised further.
Labor has the backing of Ken Smith, the former Liberal Speaker who Mr Shaw helped oust, in its bid to have the Frankston MP held in contempt.