2.10 The author did not appeal against this order, nor did he pay the fine. On 1 September 1991, he was taken into custody. Upon application of the Institute, a further order was issued on 2 October 1991, by which the author was to remain in custody until 29 November 1991. Applications for habeas corpus and bail were dismissed.. Complaint 3.1 The author complains that he has been denied proceedings before an independent and impartial tribunal. He alleges that the Supreme Court of Victoria is institutionally linked to the Law Institute by means of section 88 (2) <c) of the Legal Profession Practice Act {see para. 2.2 above); the judges' rulings are said to be partial because of their "special relationship" with the Institute. It is further submitted that the judges of the Supreme Court simply refused to rule on the issue of whether the practising fee and insurance premium were valid. 3.2 The author claims that his detention was unlawful, as he was detained for refusing to pay a fine that in fact exceeded the maximum fine envisaged by the Act. He contends that the court had no jurisdiction to entertain the case against him, as there was no court rule authorizing a committal order for an indefinite period until the payment of the fine, 3.3 With respect to the date of entry into force of the Optional Protocol for Australia, it is claimed that the violation of article 14 of the Covenant has continuing effects, in that the author remains struck off the roll of solicitors of the Supreme Court, without any prospect of being reinstated. Issues and proceedings before the Committee 4.1 Before considering any claims contained in a communication, the Human Rights Committee must, in accordance with rule 87 of its rules of procedure, decide whether or not it is admissible under the Optional Protocol to the Covenant. 4.2 The Committee has noted the author's claim that his detention between 1 September and 29 November 1991 was unlawful. It observes that this event occurred prior to the entry into force of the Optional Protocol for Australia (25 December 1991), and that it does not have consequences which in themselves constitute a violation of any of the provisions of the Covenant. Accordingly, this part of the communication is inadmissible ratione temporis. As to the author's contention that he was denied a fair and impartial hearing, the Committee notes that although the relevant court hearings took place before 25 December 1991, the eEfects of the decisions taken by the Supreme Court continue until the present time. Accordingly, complaints about violations of the author's rights allegedly ensuing from these decisions are not in principle excluded ratione temporis. 4.3 As to the author's contention that he was forced to contribute to the activities of the Law Institute by paying a practising fee as well as an insurance premium, the Committee notes that the regulation of the activities of professional bodies and the scrutiny of such regulations by the courts may raise issues in particular under article 14 of the Covenant. More particularly, the determination of any rights or obligations in a suit at law -442-

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