Clare O’Neil unable to say how many detainees have been freed or are wearing mandatory ankle bracelets

Clare O’Neil has been unable to share key details, as she considers whether to bolster preventive detention laws.

A High Court challenge has been lodged against the Albanese government’s emergency powers imposing tougher restrictions on foreign criminals freed from immigration detention, as Home Affairs Minister Clare O’Neil is unable to say how many of the cohort have been released or are being monitored with ankle bracelets.

The Australian understands the legal challenge was filed on Wednesday, nearly a week after the parliament passed laws making electronic monitoring and strict curfews – forcing detainees to be at their home address between 10pm and 6am – mandatory.

Any breach of the new conditions, which have been criticised by human rights lawyers, will result in jail time.

Immigration Minister Andrew Giles’ spokeswoman said it would be inappropriate to comment on the High Court challenge, noting it was before the court.

A fortnight ago, the High Court overturned a 20-year precedent that had allowed the commonwealth to detain non-citizens indefinitely under certain circumstances.

The emergency powers were rushed through parliament last week with bipartisan support in response to the decision.

The government is considering bolstering preventive detention laws as a longer-term and “durable” solution.

Ms O’Neil on Wednesday failed to update the public on how many of the detainees had been freed, leaving it to Mr Giles’ spokeswoman to later confirm there had been 111 foreign criminals released into the community, an increase from 93 on Sunday.

There are a total of 340 people in immigration detention, although Ms O’Neil argued over the weekend not all of the prisoners would be released because of the court’s ruling.

WA Police Commissioner Col Blanch revealed on Tuesday there were four convicted child sex offenders who had been released and were living in the state, but he did not have the authority to electronically monitor them with ankle ­bracelets.

Ms O’Neil and Mr Giles’ spokeswoman would not confirm on Wednesday how many detainees had been fitted with ankle bracelets.

“From the beginning of this process, the government has focused our most urgent attention on high-risk offenders,” Mr Giles’ spokeswoman said.

“The implementation and rollout of these devices is continuing with activities under way this week.”

Asked if 21 freed detainees had been released and living in the community under “residence determination”, which generally includes reporting requirements and other conditions, before the High Court decision, Ms O’Neil said: “I’ll need to check that fact with Minister Giles.”

Opposition immigration spokesman Dan Tehan said the Albanese government should have sought legal advice on preventive detention in the lead-up to the High Court decision but clearly hadn’t.

He accused Ms O’Neil of throwing Mr Giles “under a bus”.

“We would like to see that legal advice as soon as we possibly can and then we’ve said we’re happy to work with the government to make sure we can put these hardened criminals back into detention,” Mr Tehan told Sky News.