Paul Fletcher used PCYC’s endorsement ‘without permission’ on election flyers, youth charity claims

Police Citizens Youth Clubs NSW has asked the communications minister, Paul Fletcher, to stop using election flyers featuring its Hornsby president, claiming an endorsement quoted by the Coalition MP was used without the permission of the charity or the local president.

Another Liberal MP, Julian Simmonds, has separately come under fire for using months-old endorsements from a local charity and church group in his own political material.

A PCYC NSW spokesperson told Guardian Australia it was "concerned the PCYC name has been used without permission for political purposes" on the Fletcher flyers distributed in Sydney's north.

The Australian Charities and Not-for-profits Commission (ACNC), the national charity regulator, says charities can engage in "advocacy and campaigning" if those activities further their charitable purpose but forbids charities from engaging in advocacy and campaigning if it promotes or opposes "a political party or a candidate for political office".

Scrutiny on these rules has increased through this election after the chief executive of Guide Dogs Victoria was stood down, pending an independent investigation, for endorsing Josh Frydenberg, and the Liberal MP Trevor Evans used charity testimonials without consent.

Fletcher, the member for Bradfield, distributed political pamphlets bearing endorsements of "what locals say about Paul Fletcher".

Alongside a local Hornsby shire councillor and the co-founder of a women's shelter, the flier quotes Peter Kirkwood in his capacity as president of the PCYC Hornsby Ku-Ring-Gai branch saying Fletcher "engages with the local community in a friendly and professional manner and makes himself available wherever possible".

But PCYC NSW told Guardian Australia that neither the organisation nor Kirkwood himself authorised the use of his name and photo, or the mention of the PCYC Hornsby branch, in Fletcher's election material.

The charity said it was "disappointed" to see the flyer, stressing its obligation under ACNC rules to "remain politically neutral and not endorse political candidates".

"Mr Kirkwood has assured us that he did not authorise the use of his PCYC NSW title or his photo on the flyer," a spokesperson said.

"We take our ACNC obligations very seriously and are concerned that the PCYC name has been used without permission for political purposes. We would like to assure our members and supporters that PCYC NSW is politically independent and does not advocate for any political party or members."

PCYC NSW said it had asked Fletcher's office to remove it and Kirkwood from the material.

A spokesman for Fletcher defended the use of Kirkwood's quote, but said it wouldn't happen again.

"Paul Fletcher has strong relationships with a range of community organisations and community leaders in Bradfield," Fletcher's spokesman said in a statement.

"Mr Kirkwood offered a personal reflection on his association with Paul, not a political endorsement. However, in consideration of concerns raised by the PCYC, his testimonial will not appear on any further campaign materials."

Separately, residents in the Brisbane seat of Ryan have reported receiving testimonials for Simmonds, a first-term Coalition MP, in the mail. Quotes in support of Simmonds have been attributed to the Pink Elephants Support Network and priest Mark Franklin, despite the Brisbane Archdiocese revealing the latter testimonial was not intended for use in the election campaign.

The material is authorised by Simmonds, but was distributed with letterheads from the charity and church.

The testimonial from Franklin, from Our Lady of the Rosary Parish Kenmore and Moggill, is dated 8 February and praises Simmonds for being "respectful, engaging and friendly".

A resident of Moggill, who asked to remain anonymous, said they were "very concerned about the potential misuse of the letter".

"So I contacted the parish who confirmed the letter was written more as a character reference and they were not aware it was being distributed in this manner.

In a statement, the Archdiocese of Brisbane said the Kenmore parish had provided the letter "following a request from [Simmonds] electorate office".

"This letter was not intended for the purpose of inclusion in any election campaign material."

The second testimonial, from the miscarriage and early pregnancy loss charity Pink Elephants, praises Simmonds for helping legislate bereavement leave through its Leave for Loss campaign.

"I will be forever grateful to Julian and his team for stepping up and helping us to make monumental change for our community," the charity's chief executive Samantha Payne wrote.

Payne told Guardian Australia the testimonial was given "a while ago", and referred further questions to the organisation.

A Pink Elephants spokesperson said the charity was "aware of our obligations as a registered charity and we do not promote, endorse, or oppose any political candidates or parties".

"The views expressed are in direct relation to the Leave for Loss Pregnancy campaign for bereavement leave for early pregnancy loss, and not intended for political purposes."

Guardian Australia has contacted the Liberal party for comment.