A TPD clause defining total and permanent disablement as being unable ever to engage in or work for reward in any occupation or work the member is reasonably capable of performing does not import a limitation to full-time work; the clause requires unfitness to work without distinction between full-time and part-time work. The covenants in ss 52(2)(b) and (c) of the SIS Act do not impose higher duties on a superannuation fund trustee than the general law. The word 'ensure' in s 52(2)(c) does not create strict liability. For TPD claims, the relevant question is whether the member's absence from employment was because of sickness or injury, not merely whether the member ceased a particular employment because of sickness or injury.
The full text is available to signed-in members, including the 25 later cases that cite this judgment.
2 of the 25 citing cases carry a classified treatment. How each court treated it is available to signed-in members.