Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations For subsection 10(1) of the Act, a member of a
superannuation fund or an approved deposit fund is taken to be suffering
permanent incapacity if a trustee of the fund is reasonably satisfied that the
member's ill - health (whether physical or mental) makes it unlikely that
the member will engage in gainful employment for which the member is
reasonably qualified by education, training or experience.