Victorian court says inmates have no legal right to eat Vegemite

Andre McKechnie lost his legal bid to eat Vegemite in a Victorian prison on Monday. The Supreme Court of Victoria rejected his claim that the state corrections department violated his human rights by refusing the yeast-based spread. Justice Claire Harris found that the ban did not infringe on his right to receive food adequate for his health and wellbeing.

McKechnie, who is serving a life sentence for the stabbing murder of property developer Otto Kuhne in Queensland more than 30 years ago, argued that being denied the condiment prevented him from practicing his Australian culture. He told the court that without Vegemite, he felt sad and disconnected from his family and community. The prisoner was transferred to a Victorian facility ten years into his sentence.

The state banned Vegemite in its prisons in 2006. Officials cited two main reasons for the prohibition. The salt and yeast content can interfere with the scent trails followed by narcotic detection dogs. Additionally, the yeast properties mean the spread can be used to brew alcohol, creating a potential security risk within the facility.

Corrections Victoria and the commissioner maintained that no specific right to consume Vegemite exists under the Corrections Act or the human rights charter. The court agreed with the state’s position. Justice Harris stated that the prohibition was a proportionate measure directly related to the statutory obligations of prison authorities. These obligations include managing security, maintaining good order, and ensuring the safe custody and welfare of inmates.

The judge acknowledged that Vegemite is widely regarded as part of Australian culture and that the human rights charter might extend to certain foods. However, she concluded that the specific refusal to grant McKechnie access to the product was reasonable. The reasons provided by the state were demonstrably justified by the need to manage prison security and operations.

The ruling leaves the ban in place across Victorian prisons. While the Supreme Court decision ends McKechnie’s immediate legal challenge, similar rules remain in force in other states. Queensland, South Australia, and Tasmania also prohibit the spread in their correctional centers. New South Wales, however, allows inmates to consume Vegemite in its facilities.

Vegemite was developed in Melbourne in 1923 as a domestic alternative to the British brand Marmite. It has since become a common breakfast item for many Australians, despite its strong and divisive flavor. The brand was purchased by Bega from Kraft, a US-based company, in 2013.