By Julian Bajkowski

The New South Wales Department of Premier and Cabinet has moved to clear up confusion over whether or not strict new prohibitions on the use of council resources for partisan election campaigning would also capture local governments pushing for a ‘yes’ vote in the forthcoming referendum.

According to a statement from the Local Government Division of the powerful department, councils are in the clear to push their barrow for financial recognition in the Constitution despite being explicitly banned from providing council resources for the support of election campaigning.

A number of local government sources had contacted Government News questioning whether or not a terse circular issued by DPC would impact the local government referendum on 14th September.

The extension of any prohibition on the use of council resources to referendum activity would have been a nightmare for local governments who are now in mid-stride in campaigning to amend the Constitution to allow direct federal funding – a move many state governments including New South Wales, Victoria and Western Australia are all opposed to.

Local government staff and councillors in NSW were recently officially warned that they must not use council resources, including property and facilities, to assist with election campaigning for the 14th September federal poll.

As the election date drew closer, chief executive of the Local Government Division of the NSW Department of Premier and Cabinet, Ross Woodward, issued a circular to councils that cautions disciplinary action can be taken against those who do not comply with a new “Model Code of Conduct” which came into effect on 1st March 2013.

It explicitly bans the use of “council resources, property or facilities for the purpose of assisting their election campaign or the election campaign of others unless the resources, property or facilities are otherwise available for use or hire by the public and any publicly advertised fee is paid for use of the resources, property or facility.”

The circular also saus that: “Council officials must not: use council resources, property or facilities for the purpose of assisting their election campaign or the election campaign of others unless the resources, property or facilities are otherwise available for use or hire by the public and any publicly advertised fee is paid for use of the resources, property or facility, or;

“use council letterhead, council crests and other information that could give the appearance it is official council material for the purpose of assisting their election campaign or the election campaign of others.

“use council letterhead, council crests and other information that could give the appearance it is official council material for the purpose of assisting their election campaign or the election campaign of others,” the circular said.

“Failure to comply with these requirements may result in disciplinary action under the code of conduct … General Managers are requested to bring this circular to the attention of all councillors and council staff.”

However DPC has told Government News that the term "Election campaign" is defined to include council, State and Federal election campaigns and “does not specifically mention constitutional referendums.”

“Given the provisions relating to misuse of council resources largely relate to misuse for a personal purpose, the Division of Local Government doubts that the Model Code would preclude a council from using its resources to promote a particular position in relation to a public policy debate,” the DPC statement said.

“The Division would therefore not see anything to preclude a council from resolving to promote a particular position in relation to the referendum question and to use council resources to do so.”