New South Wales Consolidated Acts New South Wales Consolidated ActsThe person who exercises employer functions in relation to a Public Service employee may retire the employee if--
(a) the employee is found to be unfit to perform or incapable of performing the duties of his or her employment, and
(b) the employee's unfitness or incapacity--(i) appears likely to be of a permanent nature, and(ii) has not arisen from actual misconduct on the part of the employee, or from causes within the employee's control.