Afghan refugee Aliyawar Yawari, 65, fronted court in Adelaide on Monday charged with two counts of indecent assault in relation to an alleged incident involving a woman at a Pooraka hotel.

“Just before 10pm on Saturday 2 December police were called to licenced premises on Main North Road, Pooraka, after a report a woman had been indecently assaulted by a guest staying at the hotel,” said a statement from South Australia Police.

“Following enquiries police arrested a 65-year-old man from Pooraka. He has been charged with two counts of indecent assault and has been refused police bail.”

Yawari was deemed a “danger to the Australian community” by a South Australian judge in 2016 following attacks on three elderly women in 2013 and 2014.

He was released from Yongah Hill Immigration Detention Centre in Western Australia last month, and had been staying in a motel in Perth before heading to Adelaide.

Yawari did not apply for bail and has been remanded in custody until January.

Australian Border Force confirmed that two immigrants released from immigration detention following a High Court ruling had reoffended in South Australia and NSW.

One of them remains in custody after committing a serious sexual assault, opposition immigration spokesman Dan Tehan said, as he called for Immigration Minister Andrew Giles and Home Affairs Minister Clare O’Neil to resign.

“This is a catastrophic failure. The Albanese government has failed their number one duty, which is to keep the Australian community safe,” he said on Tuesday.

“The time has come for the prime minister to do the right thing and ask for these ministers to resign, and if they don’t he should sack them.”

Tehan accused the government of failing to adequately prepare for the possibility of the High Court ruling that indefinite immigration detention was illegal.

“We would have been making sure that in the months leading up to the High Court decision that we were looking at what legislation we could put in place to keep the community safe,” he said.

“The warnings were put out that there was a real worry that these people would re-offend, and that, sadly, it looks like allegedly that is what’s happened.”

SA Police Assistant Commissioner of Crime John Venditto today assured that ex-prisoners who have arrived in the state are being closely monitored by experts in the public protection branch offender management section.

Each was visited face-to-face by police and officers were keeping a “tight eye” on their circumstances, Venditto saying police were advised if individuals wore security bracelets and any associated security conditions.

Police were advised through the joint Australian Federal Police and Australian Border Force Operation Aegis about six former detainees moving to SA, they were provided with each individual’s personal details and  information about first places of residence.

While he could not comment about the person charged, Venditto said the alleged offence occurred in a place that the person was entitled to be present.

Australian Lawyers Alliance spokesman Greg Barns said the charged detainees were entitled to the presumption of innocence.

“Every day of the week ex-prisoners, unfortunately, commit further offences and, depending on the allegations and their circumstances, they are not necessarily detained but are granted bail,” he said.

The federal government will introduce amendments on Wednesday to laws brought in to deal with the fallout from the High Court decision that ruled indefinite detention was illegal, resulting in the release of more than 140 detainees.

Under the amendments, preventative detention orders would apply to those released, including murderers and sex offenders, and are based on similar measures for high-risk terror offenders, O’Neil said.

Attorney-General Mark Dreyfus offered the opposition a private briefing where they could be shown the legal advice from the solicitor-general and Australian Government Solicitor.

The advice refers to the court’s ruling that the detainees must be released and what the government’s power was to detain those covered by the decision.

It will not be released publicly to protect legal professional privilege.

The government’s response has always been in accordance with the law, Mr Dreyfus said in a statement tabled in the Senate.

“The High Court determines the meaning of the Australian constitution – not politicians,” he said.

The court made a decision that applied to people held in immigration detention in the same circumstances as the original complainant, NZYQ.

“As a result of the High Court’s decision, the continued detention of any NZYQ-affected person would be unlawful,” the attorney-general wrote.

“There is no legal basis on which the government can delay releasing the person until, for example, a court orders the person’s release.”

Any delay could open the Commonwealth up to legal action over false imprisonment, a spokesman for the attorney-general said.

“The Albanese government cannot and would not ask, let alone direct, Commonwealth officials to break the law”, a spokesperson for the top law officer said.

The opposition has consistently argued for law changes to keep the worst offenders locked up as they work with the government to introduce a preventative detention regime to get some of the cohort back behind bars.

The exact number of released detainees the preventative detention orders would apply to is not known.

Defence Minister Richard Marles backed his ministerial colleagues.

“What’s happened here is the High Court have ruled against a law that was put in place by the Howard government, it was there throughout the Turnbull and Morrison governments,” he said.

“The question is whether or not (the opposition) is going to be supporting strong legislation, which will put the strongest possible conditions on those who have been released.”

Asked by shadow attorney-general Michaelia Cash why the government had released the high-risk detainees, Foreign Affairs Minister Penny Wong said it was imperative to work within the court’s decision.

“A shadow attorney-general should understand that a government under the Westminster system does not act like an autocratic dictatorship and actually does what the court says,” Wong told parliament on Monday.

Opposition Leader Peter Dutton said the coalition would likely back the laws.

“If the government has adequate measures to keep Australians safe, then we will support those measures and we’ll see what they have to say,” he said.

“If we see a bad bill, we’re not going to support it.”

Greens senator Nick McKim called the laws a “race to the bottom” on refugee policy.

“It creates two different classes of people in this country under the law, depending on whether you are the holder of a particular class of visa or not,” he said.

– AAP