The Commissioner may retire a member of the NSW Police Force if--
(a) the person is found on medical grounds to be unfit to perform or incapable of discharging the duties of the person's position, and
(b) the person'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 person, or from causes within the person's control.