Australia’s new Age Discrimination Commissioner is announced

Australia has a new Age Discrimination Commissioner following the announcement that the current New South Wales Ageing and Disability Commissioner, Robert Fitzgerald AM, will commence his five-year appointment on April 2.

Key points

• The Age Discrimination Commissioner operates under the Australian Human Rights Commission where they promote understanding and acceptance of the Age Discrimination Act 2004 and protect individuals from aged-based discrimination
• Former Liberal Minister for Health & Ageing, Kay Patterson AO, is the outgoing Commissioner having been appointed to the role in 2016
• Mr Fitzgerald, a lawyer by profession, was a Commissioner on the national Royal Commission into Institutional Responses to Child Sexual Abuse and Productivity Commissioner, Community and Disability Services Commissioner in NSW

Last week, Attorney-General of Australia Mark Dreyfus KC announced the appointment of Mr Fitzgerald as the dedicated Age Discrimination Commissioner, the third person to fill the role after Dr Patterson and Susan Ryan AO. 

Mr Dreyfus highlighted the critical importance of the Commissioner’s role to spearhead the Commission’s work in addressing barriers to equality and participation caused by age discrimination. The Commission’s work also protects older Australians from discrimination based on age in employment, education, accommodation and the provision of goods and services.

“I congratulate Mr Fitzgerald on his appointment and thank him for taking on this important role. Mr Fitzgerald has dedicated his life to serving the community and his direct, recent experience fighting for the rights of older Australians will be a great asset to the Australian Human Rights Commission,” Mr Dreyfus said.

Mr Fitzgerald has been the NSW Ageing and Disability Commissioner since 2019 and his experience makes him an apt choice for the role, particularly due to his experience across the health, aged care and disability sectors.

He contributed to the Dementia-Friendly Communities Roundtable in NSW Parliament in 2022 which resulted in the recently-released inaugural NSW Parliamentary Friends of Dementia Action Plan 2023-2025. 

Dementia Australia Executive Director, Services, Advocacy and Research Dr Kaele Stokes, praised Mr Fitzgerald’s appointment while sharing their excitement at the opportunity to work with him to protect older Australians. 

“Mr Fitzgerald has long championed the rights of older people, including those with a cognitive impairment, and this new appointment acknowledges his commitment to serving this community,” Dr Stokes said.

“In 2024 there are more than 421,000 people living with all forms of dementia in Australia. Without a medical breakthrough, the number of people is expected to increase to more than 812,500 by 2054.”

“Older people living with dementia are more susceptible to elder abuse, including physical, emotional, psychological, sexual, social and financial abuse as well as neglect,” she added.

Australian Human Rights Commission (AHRC) President Rosalind Croucher also shared her delight at the news, telling The Mandarin that few people can rival his contributions to public policy and human rights advocacy. 

“As a highly respected lawyer, human rights and social justice advocate, and a leading figure in the anti-discrimination space who has held several significant commissioner positions, he is the perfect person to take on this role to help advance the rights of older people,” Ms Croucher said.

“His expertise, acumen, compassion, and dedicated advocacy for human rights will make him a vital asset to the commission. We look forward to having Commissioner Fitzgerald join us at such a critical time for Australia’s ageing population.”

Ms Croucher has been the acting Commissioner following the conclusion of Dr Patterson’s appointment in July 2023.