The Abbott government's offshore refugee policy is facing a new legal challenge that seeks to hold the Commonwealth legally responsible for conditions in its overseas detention camps because the decisions to open and operate them were made in Australia.

The Sunday Age understands the claim is an attempt to refute the government's long-standing position that what happens in the camps is the sole responsibility of the governments of Nauru and Papua New Guinea and the private operators that run them.

Law firm Maurice Blackburn is making the argument on behalf of a 36-year-old detainee who is suing the Commonwealth and contractor G4S after losing an eye during the 2014 Manus Island riots.

The Abbott government is currently fighting dozens of individual lawsuits brought by current and former detainees over allegations of mistreatment and unlawful incarceration in Australia's extensive camp network. Two class actions – brought against the federal government and the centre operators – are also underway on behalf of more than 1500 detainees on Manus and Christmas Islands.

A spokesperson for Maurice Blackburn declined to comment because the matter involving the unnamed detainee – known as "RN" – is currently before the Supreme Court of Victoria.