Victorian court upholds ban on Vegemite in state prisons

Andre McKechnie can no longer appeal the rule that keeps Vegemite out of Victorian prisons. On Monday, the state Supreme Court rejected his argument that the ban violated his human rights. The decision means the restrictions remain in place for all inmates in the state's correctional facilities.

McKechnie, serving a life sentence for the stabbing murder of Otto Kuhne in Queensland more than 30 years ago, sued Victoria's corrections department. He argued that denying him the condiment stopped him from enjoying his culture as an Australian. He transferred to a Victorian prison ten years into his sentence, where he first encountered the strict rules on food items.

The ban on the salty, yeast-based spread dates back to 2006. Corrections Victoria listed Vegemite as contraband because its scent could confuse narcotic detection dogs. Officials also noted the yeast properties allowed inmates to potentially brew alcohol. The department maintained that neither the Corrections Act nor the human rights charter granted prisoners a specific right to consume the product.

In her ruling, Justice Claire Harris acknowledged that Vegemite might be part of Australian culture. However, she found that the state's refusal to allow it was a proportionate measure. She stated the ban was directly related to the statutory obligations of prison authorities regarding security, good order, and the safe custody of prisoners.

"The specific refusal to permit Mr McKechnie to have access to Vegemite … is reasonable and demonstrably justified," Harris said. The court found no infringement of McKechnie's right to food adequate for his health and wellbeing. The ruling dismisses the claim that the ban left him sad and disconnected from his community.

The outcome affects only Victorian facilities. Queensland, South Australia, and Tasmania also ban the spread, while New South Wales permits it in its correctional centers. McKechnie had argued that without the condiment, he felt deprived of his cultural practices. The court's decision ends his legal challenge over this specific dietary item.

Vegemite, first developed in Melbourne in 1923, remains a staple food for many Australians. Bega bought the brand from Kraft in 2013. For McKechnie, the loss of the appeal means the status quo continues in the Victorian prison system where the condiment is strictly controlled.