Vegemite verdict: Victorian court upholds prison ban

Andre McKechnie’s legal bid to eat Vegemite in a Victorian prison has failed.

The Supreme Court of Victoria dismissed the claim on Monday, ruling that the state’s corrections department did not breach his human rights by refusing the condiment. McKechnie, a man serving a life sentence, argued that being denied the salty spread prevented him from enjoying his culture as an Australian. He told the court that without it, he felt disconnected from his family and community.

Corrections Victoria banned the yeast-based product in 2006. The department cited two main safety concerns. The smell of the spread interferes with narcotic detection dogs, and the yeast content allows inmates to ferment it into alcohol. These reasons are listed in the state’s official list of contraband items.

Justice Claire Harris acknowledged that Vegemite could be viewed as part of Australian culture. She also noted that the human rights charter extends to certain foods. However, she found that the ban was a proportionate response to the state’s statutory duties. The court determined that the restriction is directly related to managing prison security and ensuring 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 judge added that the measure is demonstrably justified by reasons tied to the management and good order of the prison.

McKechnie was sentenced to life in prison for the stabbing murder of property developer Otto Kuhne in Queensland more than 30 years ago. He was moved to a Victorian facility ten years into his sentence. The ruling confirms the legal standing of the ban in the state.

The spread remains banned in Queensland, South Australia, and Tasmania, while New South Wales allows it in its correctional centers. Vegemite was developed in Melbourne in 1923 as an alternative to Marmite. Bega acquired the brand from Kraft in 2013.