Court Rules Prisoner Has No Human Right to Vegemite in Victorian Jails

A convicted murderer has lost a legal bid to overturn the ban on Vegemite in Victorian prisons, after arguing that being denied the spread violated his human rights as an Australian.

Andre McKechnie took Victoria's corrections department to court after he was refused access to the salty, yeast-based condiment while in custody. He argued that the refusal stopped him from exercising his human right to "enjoy his culture."

Giving evidence to the state's supreme court, McKechnie said: "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."

Vegemite has been prohibited in Victorian prisons since 2006. According to Corrections Victoria's list of contraband items, the ban was introduced over concerns that the spread interfered with narcotic detection dogs. Its yeast content also meant it could potentially be used to brew alcohol.

Prison authorities and the commissioner rejected the idea that either the Corrections Act or the state's human rights charter gave prisoners a right to eat Vegemite. On Monday, the court dismissed McKechnie's case. It found no breach of his right to be given "food that is adequate to maintain the health and wellbeing of the prisoner."

Justice Claire Harris acknowledged that Vegemite might be considered part of Australian culture and that the human rights charter might extend to certain foods. However, she held that banning it in Victorian prisons was a proportionate step for authorities to take.

"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 added that the specific refusal to let McKechnie have Vegemite was "reasonable and demonstrably justified."

McKechnie was convicted and 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 prison 10 years into his sentence.

Victoria is not alone in restricting the spread. Queensland, South Australia and Tasmania also ban it, while New South Wales permits 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.