Shadow Immigration Minister Dan Tehan has called for the resignation of Labor ministers Clare O'Neil and Andrew Giles, accusing them of a "catastrophic failure" to ensure the safety of Australians.

The demand comes in the wake of a detainee, released following a High Court ruling on indefinite detention, being charged with indecent assault against a woman.

The incident, confirmed by the Australian Border Force, highlights the opposition's concerns about the government's failure to protect the community.

The accused, a 65-year-old man with a history of previous assaults, was released based on the High Court's decision that indefinite detention without deportation prospects is unlawful.

Tehan insisted that Ministers Giles and O'Neil should resign, asserting that their inaction poses a risk to public safety. He urged Prime Minister Anthony Albanese to take decisive action, emphasising that the responsibility for the detainee's actions lies squarely on the two Labor ministers.

The Albanese government is now grappling with the fallout, attempting to pass new legislation in the final parliamentary session of 2023. The proposed laws aim to address concerns about released detainees by allowing the government to flag individuals deemed an "unacceptable risk."

However, the opposition argues that the legislation is in "shambles" and questions its efficacy in ensuring the safety of Australians.