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32 results

Page 1 of 2

  • 13 - Settlement and Dispossession

  • from IV - Land and Environment
  • Edited by Peter Cane, University of Cambridge, Lisa Ford, University of New South Wales, Sydney, Mark McMillan
  • Book:
    The Cambridge Legal History of Australia
    Published online:
    04 August 2022
    Print publication:
    18 August 2022, pp 305-327

  • Summary

    This chapter explores the legal history of dispossession in the nineteenth century. It argues, first, that the failure to sign a treaty with Aboriginal and Torres Strait Islander peoples for land in Australia was a significant act of dispossession. While there was no declaration that Australia was ‘terra nullius’ in 1788, the failure to treat has been wielded since to dispossess Aboriginal and Torres Strait Islander people of land rights and sovereignty. The chapter then explores dispossession through the legal history of expansion – the mixture of legality and lawlessness that fed the pastoral boom in Australia after 1824. With the advent of self-government, Australian legislation facilitating the breaking up of some pastoral leases into fee simple farms from 1861 effected a more complete dispossession by closing Country to Indigenous Australians. These varied processes of dispossession by tenure were fed by acts and omissions of jurisdiction. For many decades, Aboriginal people were not protected by settler law because their legal status was unclear. The designation of Aboriginal and Torres Strait Islander people as subjects of the British crown after 1836 resulted in an uneven mix of hyper-policing and under-policing.

The Cambridge Legal History of Australia
  • Edited by Peter Cane, Lisa Ford, Mark McMillan
  • Published online:
    04 August 2022
    Print publication:
    18 August 2022
  • Featuring contributions from leading lawyers, historians and social scientists, this path-breaking volume explores encounters of laws, people, and places in Australia since 1788. Its chapters address three major themes: the development of Australian settler law in the shadow of the British Empire; the interaction between settler law and First Nations people; and the possibility of meaningful encounter between First laws and settler legal regimes in Australia. Several chapters explore the limited space provided by Australian settler law for respectful encounters, particularly in light of the High Court's particular concerns about the fragility of Australian sovereignty. Tracing the development of a uniquely Australian law and the various contexts that shaped it, this volume is concerned with the complexity, plurality, and ambiguity of Australia's legal history.

  • Pediatric surgical site infection (SSI) following ambulatory surgery: Incidence, risk factors and patient outcomes

  • Michael L. Rinke, David G. Bundy, Moonseong Heo, Lisa Saiman, Barbara Rabin, Philip Zachariah, Rebecca E. Rosenberg, Patricia DeLaMora, Parsa Mirhaji, Michael Drasher, Elizabeth Klein, Oghale Obaro-Best, William J.H. Ford, Diana Zarowin, Alexandre Peshansky, Suzette O. Oyeku
  • Journal:
    Infection Control & Hospital Epidemiology / Volume 43 / Issue 8 / August 2022
    Published online by Cambridge University Press:
    11 August 2021, pp. 1036-1042
    Print publication:
    August 2022
  • Background:

    Inpatient surgical site infections (SSIs) cause morbidity in children. The SSI rate among pediatric ambulatory surgery patients is less clear. To fill this gap, we conducted a multiple-institution, retrospective epidemiologic study to identify incidence, risk factors, and outcomes.

    Methods:

    We identified patients aged <22 years with ambulatory visits between October 2010 and September 2015 via electronic queries at 3 medical centers. We performed sample chart reviews to confirm ambulatory surgery and adjudicate SSIs. Weighted Poisson incidence rates were calculated. Separately, we used case–control methodology using multivariate backward logistical regression to assess risk-factor association with SSI.

    Results:

    In total, 65,056 patients were identified by queries, and we performed complete chart reviews for 13,795 patients; we identified 45 SSIs following ambulatory surgery. The weighted SSI incidence following pediatric ambulatory surgery was 2.00 SSI per 1,000 ambulatory surgeries (95% confidence interval [CI], 1.37–3.00). Integumentary surgeries had the highest weighted SSI incidence, 3.24 per 1,000 ambulatory surgeries (95% CI, 0.32–12). The following variables carried significantly increased odds of infection: clean contaminated or contaminated wound class compared to clean (odds ratio [OR], 9.8; 95% CI, 2.0–48), other insurance type compared to private (OR, 4.0; 95% CI, 1.6–9.8), and surgery on weekend day compared to weekday (OR, 30; 95% CI, 2.9–315). Of the 45 instances of SSI following pediatric ambulatory surgery, 40% of patients were admitted to the hospital and 36% required a new operative procedure or bedside incision and drainage.

    Conclusions:

    Our findings suggest that morbidity is associated with SSI following ambulatory surgery in children, and we also identified possible targets for intervention.

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