Victorian court upholds prison ban on Vegemite after human rights challenge

Prisoner argued denial of spread infringed his right to practise Australian culture

Andre McKechnie has lost his bid to overturn a ban on Vegemite in Victorian prisons. On Monday, Victoria’s supreme court dismissed his human-rights challenge, finding that refusing the salty, yeast-based condiment did not infringe his right to be provided with food adequate to maintain his health and wellbeing. Justice Claire Harris said the prohibition was a proportionate measure by authorities.

McKechnie was found guilty and sentenced to life in prison for the stabbing murder of property developer Otto Kuhne in Queensland more than 30 years ago. He was transferred to a Victorian prison 10 years into his sentence and later sued Victoria’s corrections department after being refused Vegemite.

McKechnie argued that the refusal denied him his human right to “enjoy his culture” as an Australian. “Without being able to consume Vegemite, I feel deprived of being able to practise my Australian culture, sad and disconnected from my family and community,” he told the state’s supreme court.

Prison authorities and the commissioner did not accept that the Corrections Act or the human rights charter created a right to consume Vegemite while in prison. The court found no infringement of McKechnie’s right to be provided with “food that is adequate to maintain the health and wellbeing of the prisoner.”

Corrections Victoria’s list of contraband items says Vegemite has been barred in Victorian prisons since 2006. The listed concern was that the condiment could interfere with narcotic-detection dogs. Vegemite’s yeast properties also gave it the potential to be used to brew alcohol.

Justice Harris acknowledged that Vegemite might be regarded as part of Australian culture and that the human rights charter might extend to certain foods. She nevertheless upheld the prohibition as a proportionate measure.

“It is demonstrably justified by the reasons identified by the (state), which are directly related to the discharge of prison authorities’ statutory obligations, including those relating to the management, security and good order of the prison and the safe custody and welfare of the prisoners,” she said.

She separately stated: “The specific refusal to permit Mr McKechnie to have access to Vegemite … is reasonable and demonstrably justified.”

The policy differs by state. Queensland, South Australia and Tasmania also ban Vegemite, while New South Wales allows it in its correctional centres.

Vegemite was first developed in Melbourne in 1923 as an alternative to the UK’s Marmite. It has become a breakfast staple for many Australians despite its polarising taste. Bega bought the brand from US-based Kraft in 2013.