Judges and magistrates deciding to ban an accused person from drinking alcohol before releasing them on bail would start with a presumption against it, under a change to bail laws suggested by Canberra lawyers and submitted to a national inquiry.
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The ACT Law Society has also recommended changes to national methadone prescription guidelines and expressed support for culturally-appropriate driver education programs for Indigenous people.
Federal Attorney-General George Brandis announced an inquiry last year into Aboriginal and Torres Strait Islander incarceration rates, headed by the Australian Law Reform Commission.
After a meeting with the commission, the ACT Law Society was asked to comment on a limited set of issues.
In its submission, the Law Society voices support for bail laws that would include a presumption against bail conditions that prohibit an accused person drinking alcohol.
Alternatively, the submission says, the law should require the court to assess whether a bail condition is reasonable, having regard to an accused person's alcohol dependency, and community safety considerations.
The society said it does not support imposing bail conditions that ban someone from drinking when the person is dependent on alcohol.
Alcohol withdrawal can be fatal, and people who are addicted cannot comply with bail conditions not to consume it, the submission says.
Breaches of the condition not to drink sees people locked up when bail is appropriate, the society submits.
The Law Society submission also recommends changes to national methadone dosing guidelines, that would require treatment providers to investigate a detainee's substance use history and conduct tests to corroborate that history before prescribing methadone, as well as daily supervision of patients during the first week of treatment.
The society noted the absence of Winnunga Nimmityjah Aboriginal Health Service in the Alexander Maconochie Centre, and said the service required proper funding so it could help prisoners.
The submission also supports the introduction of comprehensive and culturally-appropriate driver education programs for Indigenous people.
"It is well-known that driver licensing offences are the gateway between many Aboriginal and Torres Strait Islander people and the criminal justice system," the submission says.
"By acquiring a driver licence, Indigenous persons living in remote areas will be able to fulfil their social, legal and cultural obligations and access medical and government services. They will also gain access to other unattainable education and employment opportuniities."
In March this year, about 20 per cent of the ACT's daily average sentenced population was Indigenous, the submission says, while Indigenous people account for about 1.6 per cent of Canberra's population. The Indigenous population in the ACT is predicted to increase by 54 per cent between 2011 and 2026, the submission notes.
ACT Law Society president Sarah Avery said the submission addressed only on a limited range of issues following a meeting with the Law Reform Commission.
She said expertise on the issue was with specialised Aboriginal and Torres Strait Islander legal services.
She added that those services and the people they represent should be listened to very closely.
The ACT Law Society represents more than 2,400 practitioners.
The inquiry timeline says a report will be delivered by December 22.
