Superannuation Act 1986

A member of the Scheme retires from employment on the ground of invalidity if, and only if:

the member is involuntarily retired from employment with the

the member resigns or retires from employment (voluntarily or involuntarily) and the Commissioner approves the payment of an invalidity retirement benefit; or

the member's employment terminates or is terminated and the

The Commissioner may only give an approval under subsection (1) if the Commissioner makes an assessment, after considering medical and other relevant evidence, that the member has (or had) become, by the date of resignation, retirement or termination of employment, physically or mentally so incapacitated that the member is (or was) unfit for any available employment (on a full‑time or part-time basis) for which the member is reasonably qualified by education, training or experience.

In considering whether suitable employment is available to a member, the Commissioner will have regard only to employment available from employers whose employees are covered by the Scheme.