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Aboriginal man dies in custody at Loddon Prison in Castlemaine

The family of an Aboriginal prisoner who died in a Victorian jail are calling for a "thorough investigation" into the circumstances of his death.

NOTE: Clinton Austin’s family has given permission to use his name and image.

Clinton Austin, a Gunditjmara and Wiradjuri man, passed away at the age of 38 in Loddon Prison in Castlemaine on Sunday.

No other details about his death have been released.

He is the second Indigenous man to die in custody in the state in five weeks, and the third in the past year.

In a statement, Mr Austin's family said that he had faced delays in getting parole and had been let down by the justice system.

"Due to COVID, Clinton faced lockdowns, delays in the hearing of his parole, and wasn't able to see his family face to face," the statement said.

"Clinton shouldn't have been held in prison in those conditions. Clinton was eligible for parole last year. Why wasn't he released when he was meant to be?"

"We want answers and a thorough investigation into how Clinton died. We don't want anyone to be able to cover up any details."

The family said Mr Austin was an artist who had been looking forward to life after prison.

"He had his heart set on being an Aboriginal art teacher. His heart was for his son, and for his art. He wanted to get out of prison and live right and do the right thing. Now he can't do any of that."

Mr Austin leaves behind a son, siblings and his mother.

The coroner will formally determine the circumstances of his death.

Last month, a 32-year-old Aboriginal man died at Port Phillip Prison just hours after returning from hospital.

Nerita Waight, CEO of the Victorian Aboriginal Legal Service, said there was a crisis of deaths in custody in Victoria which the state government needed to take urgent action on.

"If the Victorian government do nothing, it will undermine Treaty and Yoorrook, and waste the generational opportunity and hope that they represent," Ms Waight said.

She said said the organisation was also concerned Mr Austin's parole may have faced delays due to COVID.

"Victoria's parole system is failing Aboriginal people and needs urgent reform," she said.

Marcus Stewart, co-chair of the First Peoples' Assembly of Victoria, said the Aboriginal community does not have faith in the justice system because of incidents like this.

"I think the government, the Department of Justice, and Corrections Victoria have failed to genuinely engage with Aboriginal communities to find how to address the rot in the current justice system," he said.

"That's why we are seeing such a substantial amount of Aboriginal deaths in custody."

Early on Tuesday, Victorian Premier Daniel Andrews said he was aware that a person had died in custody but he didn't know any further details.

"It would be for the coroner and Corrections Victoria to conduct the … investigation into what — if any — circumstances contributed to that, what's actually gone on there and if there are any learnings for us," he said.

"The death of any person in custody is of great concern to all of us."

Corrections Victoria said support was being provided to prisoners at Loddon Prison, and that a smoking ceremony was being arranged.

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