A charity has demanded a Queensland Liberal MP stop using a testimonial in promotional material, saying it did not consent to its use.
In a pamphlet titled “What are locals really saying about Trevor Evans”, the MP quotes from three charities – the Pyjama Foundation, Gingercloud Foundation and Arts Access – with the former two also quoted on his website.
All three are registered charities and bound by rules that prevent them from advocating for particular political parties or candidates.
The material does not explicitly advocate a vote for Evans, but was distributed just weeks out from the 21 May election.
In April, the deputy Liberal leader, Josh Frydenberg, was forced to pull an endorsement from the chief executive of Guide Dogs Victoria who was later stood down pending an investigation over the controversy and potential breach of those rules.
In Evans’ pamphlet the Pyjama Foundation chief executive, Bronwyn Sheehan, said: “Trevor is seriously supportive of our local community. He takes a keen interest in the work of the Pyjama Foundation and in what we are doing to help support kids in foster care.”
In a statement to Guardian Australia, the foundation’s board said it and Sheehan became aware of the promotional material on Tuesday.
“The Pyjama Foundation can confirm that the quote in question was sent to the office of Trevor Evans on 8 March 2022 in response to a request for it to be used as part of a community newsletter in relation to a local partnership,” the statement said.
“Neither Bronwyn Sheehan, nor the board of The Pyjama Foundation consented to the use of the quote in recently distributed material, delivered this week.”
The foundation said it was “acutely aware of our obligations as a registered charity and we do not endorse or oppose any political parties or candidates”.
“Our consent would not have been provided for the material publication, if we had been contacted.”
The foundation has contacted Evans asking that he “cease the distribution of any further promotional collateral that features CEO and founder, Bronwyn Sheehan”.
Looks like possibly more unauthorised use of charities in electioneering material. This time it’s LNP Trevor Evans, MP for Brisbane.
— 💧Margaret Sinclair (@margaret_tmsinc) May 4, 2022
A friend of mine contacted one of the CEOs on the flyer and they were surprised and genuinely concerned they were used in this material. pic.twitter.com/3iwNynYWiR
Megan Elliott, from the Gingercloud Foundation, is also featured.
“Trevor backs up his supportive words with real outcomes, and that’s so important to Gingercloud. He is the real deal and he is very hard working,” part of her testimonial said.
When contacted by Guardian Australia on Thursday, Elliott seemed unaware her testimonial had been used in Evans’ campaign material.
After she had been supplied a copy, Elliott told Guardian Australia the “supporting words for Trevor were not partisan”, but declined to answer follow-up questions about whether she knew the testimonial would be used in this way.
“They just recognise his support for the work that we do for young people with autism and other learning and perceptual disabilities,” she said.
“We always recognise the support we get from all levels of government.”
In a third testimonial, Pat Swell, from Arts Access described Evans as an “exceptional MP”.
“Trevor’s obvious interest in our people and the exceptional opportunities he has created for Access Arts is impressive and says so much about him. I am truly impressed,” the testimonial said.
A spokesperson for Arts Access said: “I don’t know how he got the testimonial.”
“Normally we try to remain apolitical,” they said.
The endorsements could breach the Australian Charities and Not-for-profits Commission (ACNC) rules around advocacy and campaigning if it promotes “a political party or a candidate for political office”.
The ACNC declined to comment on the Evans testimonials, but noted in April it reminded charities “to be aware of their obligations regarding political advocacy and campaigning”.
The ACNC advice says charities can engage in “advocacy or campaigning” if those activities further their charitable purpose, or are allowed under the charity’s governing document but advocacy “must not” promote or oppose a political party or candidate for office.
The ACNC commissioner, Gary Johns, said: “While advocacy and campaigning are important to the work that many of Australia’s registered charities undertake, and are legitimate and effective ways of furthering a charitable purpose, it is important to note there are lines that should not be crossed.”
Evans defended his use of the testimonials. “Hard-working members of parliament who get lots of outcomes for their community often receive supportive comments that recognise that work,” he said.
