Justice Claire Harris rules Victorian prisons may keep Vegemite ban
The Supreme Court dismissed the appeal of a life-sentenced inmate who argued the restriction violated his cultural rights.
By Marco Graham ·
One in four states in Australia allows the salty spread in prison, yet the Victorian Supreme Court has ruled that the state’s ban remains lawful. Justice Claire Harris dismissed the legal challenge on Monday, rejecting the argument that the restriction infringed upon the human rights of the incarcerated individual.
Andre McKechnie, serving a life sentence for the stabbing murder of property developer Otto Kuhne in Queensland more than three decades ago, initiated the lawsuit against Victoria’s corrections department. He was transferred to a Victorian facility ten years into his sentence. McKechnie contended that being denied access to the yeast-based condiment prevented him from enjoying his culture as an Australian. He described the situation to the court as leaving him feeling deprived of his cultural practice and disconnected from his family and community.
The ban on Vegemite in Victorian prisons dates back to 2006. Corrections Victoria listed the product as contraband due to concerns that it interfered with narcotic detection dogs. Authorities also cited the condiment’s yeast content, which provides the potential for brewing alcohol, as a reason for the restriction. The prison commissioner and prison authorities maintained that neither the Corrections Act nor the human rights charter grants prisoners a specific right to consume the spread.
In her judgment, Justice Harris acknowledged that Vegemite might be considered part of Australian culture and that the human rights charter could extend to certain foods. However, she determined that the prohibition was a proportionate measure. She stated that the ban was demonstrably justified by reasons directly related to the statutory obligations of prison authorities, including the management, security, and good order of the facility, as well as the safe custody and welfare of prisoners.
The ruling specifically addressed the refusal to permit McKechnie access to the product, declaring it reasonable. Justice Harris noted that the specific refusal was justified by the state’s identified reasons. This decision maintains the current policy in Victoria, which aligns with bans in Queensland, South Australia, and Tasmania. In contrast, New South Wales continues to allow the condiment in its correctional centres.
Vegemite was first developed in Melbourne in 1923 as an alternative to the United Kingdom’s Marmite. It has since become a staple on breakfast tables across the country, despite its polarizing taste. The brand is currently owned by Bega, which purchased it from the United States-based Kraft in 2013.
