Prisoners in Victoria can no longer claim a right to Vegemite

One in every four prisoners in Victoria has lost a legal battle over a specific food item. On Monday, the Victorian Supreme Court rejected the claim that the state’s ban on the yeast-based spread violates the human rights of inmates. The decision ends a lawsuit filed by Andre McKechnie, a life prisoner who argued that being denied the condiment separated him from his cultural identity.

McKechnie was convicted in Queensland more than 30 years ago for the stabbing death of property developer Otto Kuhne. He served ten years in his home state before being transferred to a Victorian prison in 2016. Upon arrival, he found that the state’s corrections department did not allow him to consume Vegemite. He sued, arguing that the refusal denied his right to enjoy his culture as an Australian. He told the court that without the spread, he felt sad and disconnected from his family and community.

The ban on the product dates back to 2006. Corrections Victoria added it to the list of contraband items because the salty condiment could interfere with narcotic detection dogs. Officials also noted that the yeast in the product could be used to brew alcohol, posing a security risk. The state argued that no law, including the Corrections Act or the human rights charter, explicitly granted prisoners a right to eat Vegemite.

Justice Claire Harris acknowledged that Vegemite is a well-known part of Australian culture. She recognized that the human rights charter could extend to certain foods. However, she found that the specific refusal to allow McKechnie access to the product was reasonable. Harris stated that the ban was a proportionate measure directly related to the management, security, and good order of the prison.

The court found that the state’s reasons were demonstrably justified. Harris noted that the restriction supported the safe custody and welfare of prisoners. She concluded that the prohibition was not an infringement of the right to be provided with food adequate to maintain health and wellbeing.

Other Australian states have varying rules on the condiment. Queensland, South Australia, and Tasmania also ban it in their prisons. New South Wales allows it in correctional centers. The brand was originally developed in Melbourne in 1923 as an alternative to Marmite. In 2013, the company Bega acquired the brand from Kraft.

The ruling stands as the final decision in McKechnie’s case. He will remain in a Victorian prison where the spread is not permitted. No further appeal was mentioned in the judgment.