State and territory governments have been urged by their own officials to overhaul bail laws to help reduce the climbing incarceration rates of Indigenous people and meet key Closing the Gap targets.
But they are unlikely to heed the advice, which is at odds with popular tough-on-crime measures introduced by jurisdictions in recent years.
Officials from every state and territory government were part of the working group which has delivered a report recommending imprisonment should be a last resort.
Alleged offenders should not be remanded for crimes unlikely to result in a custodial sentence, the report commissioned by the Standing Council of Attorneys-General said.
It calls for states and territories to remove standalone bail offences and include a presumption in favour of bail for children and young people.
The recommendations are intended to help jurisdictions meet Closing the Gap targets to reduce the rate of Indigenous adults and young people incarcerated by at least 15 and 30 per cent, respectively, by 2031.
But while the report has been publicly released, it has not been formally endorsed by the governments that participated in preparing it.
Tougher bail laws have been introduced by several jurisdictions in recent years, with some directly targeting youth crime.
Federal Attorney-General Michelle Rowland said the Commonwealth would not instruct states and territories to reform their bail laws.
"These are matters for the states and territories to determine their own policies and their own legislation," she said on Friday.
"Our focus is on diversionary programs and justice reinvestment to keep the community safe in the long term."
The report recommends Indigenous children and young people and adults with cognitive, psycho‑social, mental health or other disability‑related issues should generally be granted bail while they await judgment.
Bail tests that establish very high thresholds for bail being granted and curtail decision‑makers' discretion should also be removed, it says.
Other recommendations include more funding for Aboriginal Community-Controlled Organisations to establish, expand and provide long-term financing of bail support services, and giving Indigenous people on remand equitable access to support, education and rehabilitation programs.
The rate of incarceration of Indigenous adults has increased in recent years and remains static for young people, according to the government data.
A rapid growth in the number of prisoners on remand is particularly pronounced for Aboriginal and Torres Strait Islander people, the report said.
